Videos tagged with New Civil Liberties Alliance

This video discusses the critical US Supreme Court case, Lesh v. United States, and its implications for the Second Amendment. The case challenges the 'petty offense' exception to the Sixth Amendment's right to a jury trial, arguing for an originalist interpretation of the Constitution. The speaker, Mark Smith, a constitutional attorney and member of the US Supreme Court bar, emphasizes that upholding originalism in cases like this is crucial for the consistent application of all constitutional rights, including the Second Amendment.

The Supreme Court is reviewing a Trump-era ban on bump stocks, examining whether these accessories, which increase the rate of fire of semi-automatic rifles, meet the legal definition of a machine gun under existing federal law. The case, initiated by Texas gun shop owner Michael Cargill, questions the ATF's authority to ban bump stocks without congressional action and explores the legal implications for individuals who possessed them prior to the ban. Justices are grappling with the technical definition of 'machine gun' and the practical effects of bump stocks on firearm functionality.

This video discusses the ATF's admission in a court filing that it lacked legal authority to ban bump stocks. The ATF acknowledged that the statutory scheme does not provide the Attorney General authority for 'gap-filling' interpretations of machine guns, as Congress has provided a detailed definition. This admission stems from lawsuits challenging the ATF's 2018 rule, arguing that the executive branch cannot re-interpret statutes passed by Congress. The content highlights the legal arguments against the ban, emphasizing that agency regulations should not contradict congressional statutes and that interpretive rules cannot bind third parties.