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US Supreme Court strikes down New York gun permit requirement – JURIST

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On Thursday, the US Supreme Court struck down a New York law that requires people applying for unrestricted gun licenses to demonstrate a greater need for self-defense than the general public. Justice Clarence Thomas wrote the majority opinion in the 6-3 decision, with Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Chief Justice John Roberts joining. Justice Stephen Breyer wrote a dissent, along with Justices Sonia Sotomayor and Elena Kagan. Appellants Brandon Koch and Robert Nash applied for unrestricted gun licenses in 2014 and 2017, respectively. Both men were denied unrestricted licenses because New York licensing officers found that neither faced “special dangers” that required carrying a concealed weapon. Koch, Nash and the New York State Rifle and Pistol Association sued the New York State superintendent. Police over the denials, claiming that their Fourteenth Amendment rights were being violated. According to the Supreme Court, the Fourteenth Amendment requires states to follow the Second Amendment, which initially only applied to the federal government. Both the US District Court for the Northern District of New York and the US Court of Appeals for the Second Circuit upheld the plaintiffs’ claims. Both courts ruled that Kachalsky v. County of Westchester, a Second Circuit case in which the court ruled that New York’s permit requirements were constitutional, preempted the plaintiff’s claims. Thomas disagreed. He wrote that New York’s licensing requirements were inconsistent with constitutional principles and American tradition: At the end of this long journey through the Anglo-American history of public carry, we conclude that respondents have not fulfilled their obligation to identify a American tradition that justifies the just cause requirement. The Second Amendment guaranteed to “every American” the right to bear common firearms in public subject to certain well-defined and reasonable restrictions. … American governments simply have not … required responsible, law-abiding citizens to “demonstrate a special need for self-protection distinguishable from that of the community at large” in order to carry weapons in public. Breyer wrote in her dissent that “The main difference between the Court’s opinion and mine is that I believe the [Second] The amendment allows states to take into account the serious problems posed by armed violence.” He explained by saying: Beyond this landmark investigation, the Court refuses to employ what it calls “means-ends scrutiny.” That is, it refuses to consider whether New York has a compelling interest in regulating concealed carry of firearms or whether New York law is narrowly designed to achieve that interest. While I agree that history can often be a useful tool in determining the meaning and scope of constitutional provisions, I believe that the Court’s almost exclusive reliance on that one tool today goes too far. This decision will no doubt have political implications due to an ongoing US Gun Control Debate. On June 22, the US Senate voted to promote new bipartisan gun control legislation, in part on response to the recent mass shootings in Uvalde and Buffalo.

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Indian court keeps journalist in police custody over tweet – JURIST

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The Delhi Metropolitan Magistrate’s Court on Tuesday ordered journalist and Alt News co-founder Mohammed Zubair to be held in police custody for four days. Zubair was arrested on Monday for the offenses of hurting religious sentiments and inciting enmity under Sections 153 and 295 of the Indian Penal Code. In 2018, Zubair posted a tweet showing a hotel whose name he changed from “Honeymoon Hotel” to “Hanuman Hotel”. Hanuman is a Hindu god. Delhi police arrested him based on a complaint about that tweet, which alleged that Zubair tweeted a “questionable image for the purpose of deliberately insulting the god of a particular religion.” accused for posting the tweet in question will be retrieved at the behest of the accused Mohammed Zubair from his residence in Bangalore, that the accused has not cooperated and (with) the disclosure statement recorded, four days PC (police custody) preventive detention of the accused will be concedes as the accused will be taken to Bangalore. Zubair’s arrest has been condemned by international organizations and national news organizations, including United Nations chief Antonio Guterres, Amnesty International, the Press Club of India and other media outlets.

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US Supreme Court Grants Review of Federal Bankruptcy Case – JURIST

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On Monday, the US Supreme Court agreed to hear MOAC Mall Holdings v. Transform Holdco, a case examining appellate court jurisdiction over sales orders in federal bankruptcy proceedings. The case revolves around the sale and transfer of a lease for a store in a shopping center. In 1991, Sears obtained a lease for a store in the Mall of America in Minneapolis, Minnesota. The lease only cost Sears $10 a year and was supposed to last 100 years. Sears, however, went bankrupt in 2018. As part of federal bankruptcy proceedings, Sears sold its assets and the Mall of America lease was transferred to Transform Holdco LLC, a corporation formed by Sears’ new owners. Mall of America sought to prevent the transfer because they claim that Transform Holdco LLC does not intend to occupy the leased facilities but to sublet them to other companies. Transform Holdco LLC argues that the long-term lease constitutes a substantial portion of the value Sears was sold for in the bankruptcy proceeding. The US Court of Appeals for the Second Circuit transferred the lease as it was deemed “integral” to a court-approved bankruptcy sale. Mall of America filed a petition with the US Supreme Court, arguing that a remedy is available that would not affect the validity of the sale. Therefore, according to Mall of America, the appellate court should be allowed to intervene. Transform Holdco LLC responds that no such remedy exists, and that the Second Circuit’s ruling should stand. The US Supreme Court must now determine whether federal bankruptcy law limits appeals on sales orders deemed “comprehensive,” even when a remedy is available that will not affect the validity of the sale. The court is set to hear oral arguments in the case next term.

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US appeals court to rehear challenge to Biden’s COVID-19 vaccine executive order – JURIST

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The US Court of Appeals for the Fifth Circuit issued an order on Monday stating that the court will rehear Feds for Medical Freedom v. Biden, a challenge to President Joe Biden’s 2019 executive order that required federal employees to get vaccinated against COVID-19 or face termination. In late May and early June, America First Legal Foundation, America’s Frontline Doctors, Airline Employees For Freedom Health, and an additional group of vaccine plaintiffs filed four amicus briefs in favor of a new full hearing. The plaintiffs in Rodden v. Fauci also filed a class action lawsuit made up of federal employees who contracted COVID-19, developed COVID-19 antibodies, “but remain subject to the federal employee vaccination mandate.” The Rodden plaintiffs argue that Biden and the “agencies he directs have no power to direct the personal medical decisions of federal employees,” and therefore this executive order is like an illegal government mandate. In addition, the group asserts that the panel’s refusal to review executive employment decisions is unlawful and thus protects “the exercise of unlawful governmental power.” In January 2022, a Texas judge blocked Biden’s executive order. Other state judges have also blocked enforcement of the COVID-19 vaccine mandate. In December 2021, a Georgia judge blocked the COVID-19 vaccination mandate for government contractors after the Texas Governor ordered a statewide ban on all COVID-19 vaccination mandates in October 2021 .

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