Monthly Archives: September 2024

Supreme Court Preview — Part 1 — October and November Arguments

We are three weeks away from the start of the new Supreme Court term.  While the Supreme Court (specifically Chief Justice john Roberts) tries to present itself as outside of politics, the reality is that some members of the Supreme Court encourage politically controversial cases.  Even without such efforts, courts have become the first resort for people who do not like political decisions.

As of this point in the year, the Supreme Court has announced the cases that it will be hearing in its October and November argument sessions.  It has also taken some other cases for argument, but it has not yet scheduled them for argument.  (More on how argument works and how cases are taken are in an “appendix” at the end of this post.)

The first potentially controversial case of the term is the “ghost guns” case — Garland vs. VanDerStok.  The issue in this case is whether the regulations that the ATF has proposed for ghost guns (guns which are assembled from parts by the user) is consistent with the federal statutes on firearms.  As we have seen last year with the bump stock case and others, the Supreme Court has taken the position that it will determine whether proposed regulations are consistent with statutes and it tends to strictly interpret the firearms statutes in a way that makes it hard for ATF to keep pace with changes in the gun market.  This case will be heard on October 8 — the second day of the term. Continue Reading...

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Convention wrapup

Some odds and ends after the Chicago gathering:

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Trump Legal Watch — Labor Day 2024

This week saw several developments in the on-going effort to bring Donald Trump to justice.

To start with the most frivolous, Trump is attempting to remove the New York criminal fraudulent business records case to federal court.  Given that this attempt is coming post-trial, the odds of the case being removed are almost certainly less than none.  Additionally, the attempted filing was rejected for procedural defects.  It’s not clear that Trump can remedy the procedural defects given that this filing is very late in the case.  In any case, the trial court is likely to take up and then deny Trump’s frivolous motion for new trial and then proceed to sentencing.   While Trump is attempting to delay the sentencing, he has presented no legal reason why his criminal case should be treated differently from ordinary defendants other than a non-existent “presidential candidate” exception to the standard procedure.  As of today, a decision on Trump’s motion for new trial (almost certainly a denial) is due on September 16 with sentencing to occur on September 18 unless the motion for new trial is granted or the trial court decides to postpone the sentencing.

The other three are more significant but routine. Continue Reading...

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