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The Antisemitism Awareness Act is blatantly unconstitutional
 
05/01/2024 6:11:49 PM PDT · by RandFan · 23 replies
X ^ | May 1 | Former Rep. Justin Amash
@justinamash The Antisemitism Awareness Act is flagrantly unconstitutional under the First Amendment, and the members of Congress who vote for it are shamelessly violating their oath to support and defend the Constitution. @justinamash The First Amendment exists to prohibit the government from abridging speech that others disagree with or find disagreeable, as well as speech that others hate or find hateful. @justinamash “Congress shall make no law…abridging the freedom of speech…”
 

TIKTOK vows to fight 'unconstitutional' US ban
 
04/24/2024 12:00:06 PM PDT · by RandFan · 90 replies
BBC ^ | April 24 | BBC
TikTok says it will challenge in court an "unconstitutional" law that could result in it being sold or banned in the United States. President Biden has signed into law a bill which gives the social media platform's Chinese owner, ByteDance, nine months to divest the app or it will be blocked in the US. The law has been introduced because of concerns TikTok might share user data with the Chinese government - claims it has always denied. "We are confident and we will keep fighting for your rights in the courts," said TikTok boss Shou Zi Chew. "The facts, and...
 

HUGE! MI Legislators Vow To Take Case to US Supreme Court Before 2024 Election, After Biden-Appointed Judge Dismisses Suit Arguing Unconstitutional Changes To Election Laws Via Ballot Proposal Funded By George Soros
 
04/13/2024 7:53:23 PM PDT · by bitt · 15 replies
https://www.thegatewaypundit.com ^ | 4/13/2024 | patty macmurray
Michigan legislators claim that the state government infringed on their constitutional rights when it used ballot initiatives to change election laws. Eleven Michigan Legislators have vowed to appeal to the U.S. Supreme Court after U.S. District Court Judge Jane Beckering, a Biden-appointed judge, dismissed their federal lawsuit on April 11, citing a lack of standing. The lawmakers’ claim, filed Sept. 28, 2023, argues the 2018 and 2022 state constitutional amendments regulating time, place, and manner of federal elections are legally null and void because they usurped the legislators’ constitutionally protected rights. Plaintiffs include Republican Senators Jonathan Lindsey and Jim Runestad;...
 

District Judge: Gun Ban For Illegal Immigrant Unconstitutional
 
03/16/2024 11:13:09 AM PDT · by ChicagoConservative27 · 2 replies
Breitbart ^ | 03/16/2024 | Awr Hawkins
On March 8, 2024, U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores. The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm.
 

Gun Ban for Illegal Immigrants Ruled Unconstitutional
 
03/16/2024 11:05:42 AM PDT · by CFW · 52 replies
Bearing Arms ^ | 3/16/24 | Tom Knighton
The right to keep and bear arms is a natural right, meaning all free men and women have that right, regardless of where they are on the planet. It's part of why so many of us find other nations' gun laws so insulting. It's a repression of people's right to have weapons to defend themselves and their nation. A repression that goes out the window in the face of invasion, it should be noted. But that brings about the question of illegal immigrants. Do they forfeit their rights when they enter the United States illegally, or do they maintain their...
 

District (Obama-appointed) Judge: Gun Ban For Illegal Immigrant Unconstitutional
 
03/16/2024 11:03:58 AM PDT · by Mr. Mojo · 34 replies
Breitbart ^ | 16 Mar 2024 | AWR HAWKINS
On March 8, 2024, U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores. The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm. Coleman ultimately concluded, “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores. Thus, the Court grants...
 

California’s Billy Club Ban Ruled Unconstitutional
 
03/05/2024 4:14:55 AM PST · by marktwain · 18 replies
AmmoLand ^ | February 28, 2024 | Dean Weingarten
In September 2019, Russell Fouts and Tan Miguel Tolentino filed a lawsuit challenging California’s complete ban on the “manufacture, import into the state, keep for sale, or sale, loan, and possession of billies.” “Billies” are not explicitly defined but are, essentially, any short club and are considered to be synonymous with batons. On September 22, 2021, two years later, Judge Roger Benitez found the ban to meet the requirements of the law as determined by the Ninth Circuit precedent. This was nine months before the Bruen decision clarified the standards to be used in determining the bounds of the Second...
 

Judge rejects Sen. Bob Menendez’s claims that search warrants in bribery case were unconstitutional
 
03/04/2024 12:19:04 PM PST · by V_TWIN · 6 replies
whyy.org ^ | March 4, 2024 | Associated PressLarry Neumeister
A federal judge on Monday, March 4, 2024, rejected Menendez’s claims that search warrants that led to corruption charges and the discovery of gold bars and cash at his New Jersey home were unconstitutional. Judge Sidney H. Stein ruled Monday that multiple warrants used to conduct 2022 searches of the Democrat’s email accounts and his home were properly sought and carried out. The senator’s lawyers had claimed the warrants were “riddled with material misrepresentation and omissions that deceived the authorizing magistrate judge.” Stein said any omissions in the warrants were not intentional or material and a hearing was not necessary...
 

Federal Judge Rules 'Final Major Achievement' of Pelosi's Speakership Was Unconstitutional
 
02/29/2024 12:09:27 AM PST · by where's_the_Outrage? · 18 replies
The Western Journal ^ | Feb 28, 2024 | Jack Davis
Afederal judge on Tuesday ruled that the Nancy Pelosi-led House of Representatives acted unconstitutionally in December 2022 when it passed a $1.7 trillion federal budget. U.S. District Court Judge James Wesley Hendrix ruled that Pelosi, then speaker of the House, violated the Constitution by allowing members to vote without actually being at the Capitol for the Dec. 23 session at which the budget was adopted, according to Reuters. At the time of the budget’s passing, CNBC referred to the action as “the final major achievement” of Pelosi’s term as speaker of the House. The budget passed 225-201. At the time...
 

Federal judge rules $1.7 trillion spending bill passed by Congress in 2022 is unconstitutional
 
02/28/2024 2:40:44 AM PST · by Libloather · 26 replies
Fox News via MSN ^ | 2/27/24 | Greg Wehner
A Lubbock, Texas federal judge ruled Tuesday that lawmakers unconstitutionally passed the $1.7 trillion government funding bill in 2022 when they did so under a pandemic-era rule allowing members of the U.S. House of Representatives to vote on the matter by proxy instead of in person. Texas Attorney General Ken Paxton, a Republican, requested the courts to block a provision of the funding bill that gave pregnant workers stronger legal protections. U.S. District Judge Wesley Hendrix reviewed the request and gave a "limited" ruling on one of two provisions Paxton sought to have blocked. Hendrix, who was appointed by former...
 

Rep. Chip Roy Validated As Proxy Voting Rule Deemed Unconstitutional
 
02/27/2024 4:56:13 PM PST · by CFW · 16 replies
Townhall ^ | 2/27/24 | Rebecca Downs
Rep. Chip Roy (R-TX) certainly felt a sense of validation and victory on Tuesday when U.S. District Judge James Hendrix ruled that the Consolidated Appropriations Act of 2023 violated the Quorum Clause included in Article 1 Section 5 of the Constitution. The act was sent to President Joe Biden on December 28, 2022, and he signed it the next day. The state of Texas had brought the case against Attorney General Merrick Garland and others, with the trial taking place in January of this year. According to a press release from Roy's office, this was "the first time in American...
 

The federal income tax was unconstitutional for most of our county’s existence.
 
02/24/2024 1:14:00 PM PST · by C210N · 67 replies
x ^ | 2/24/2024 | Thomas Massie
The federal income tax was unconstitutional for most of our county’s existence. The founders of this country would have never agreed to it. We should repeal it.
 

Selective Prosecution Is Unconstitutional [semi-satire]
 
02/24/2024 9:33:27 AM PST · by John Semmens · 1 reply
Semi-News/Semi-Satire ^ | 25 Feb 2024 | John Semmens
This week, US District Court Judge Cormac Carney ruled that "the prosecution of two men from the Rise Above Movement (RAM) who violently clashed with members of Antifa at three southern California pro-Trump events in 2017 is constitutionally impermissible. Both sides engaged in behavior that is illegal, yet the Antifa rioters were not held accountable for their actions." US Attorney General Merrick Garland called Carney's ruling "outrageous. He completely ignores prosecutorial discretion. The state has the right to decide which cases merit the full punishment of the law and which do not. In the battle to preserve our democracy there...
 

New York AG report: Saratoga police retaliation against BLM was unconstitutional
 
02/22/2024 6:38:00 AM PST · by 1Old Pro · 19 replies
Spectrum 1 News ^ | 2/21/2024 | Staff
New York Attorney General Letitia James says the Saratoga Springs Police Department, along with a top city official and the then-mayor, unconstitutionally retaliated against Black Lives Matter protesters. The report says those protests that began in May 2020 — following George Floyd’s death at the hands of Minneapolis police — were peaceful, and that “although they could be raucous,” there was no evidence any people or property were harmed. Per the report, then-Mayor Meg Kelly and Public Safety Commissioner Robin Dalton ordered Police Chief Shane Crooks to both arrest protesters at a July 14 rally and open a child protective...
 

Ninth Circuit Denies Rehearing En Banc of Panel Decision Holding Gun Ads Restriction Is Likely Unconstitutional
 
02/20/2024 1:55:08 PM PST · by CFW · 9 replies
Reason ^ | 2/20/24 | EUGENE VOLOKH
Volokh: The order came down today; it noted that no judge called for a vote on the en banc rehearing petition. Here's my post on the panel decision, from September. From Junior Sports Magazines, Inc. v. Bonta, decided today [Sept, 13, 2023] by Ninth Circuit Judge Kenneth Lee, joined by Judges Randy Smith and Lawrence VanDyke: "This case is not about whether children can buy firearms. (They cannot under California law.) Nor is this case about whether minors can legally use firearms. (California allows minors under adult supervision to possess and use firearms for hunting, target practice, and other activities.)...
 

Alabama couple awarded $1 million for unconstitutional police raid they say left them homeless
 
02/12/2024 12:01:14 PM PST · by TexasKamaAina · 37 replies
AL.com ^ | 02/11/2024 | Heather Gann
Randolph County couple Greg and Teresa Almond were recently awarded $1 million in punitive and compensatory damages after a federal jury determined that deputies illegally raided their home six years ago. On Jan. 31, 2018, Randolph County Deputy Sheriff Nathaniel Morrow arrived at the Almond home around 2 p.m. and told Teresa that he was there to serve paperwork related to ‘a civil matter,’ according to documents from a federal civil rights lawsuit the couple filed in 2019. Teresa told Morrow that Greg wasn’t home but said that he could return in two hours to give him the paperwork then....
 

Federal Judge Finds Ban on Guns in Post Offices is Unconstitutional
 
01/18/2024 4:57:16 AM PST · by marktwain · 7 replies
AmmoLand ^ | January 16, 2024 | Dean Weingarten
On September 14, 2022, at a postal facility in Tampa, Florida, Postal Inspector agents tried to apprehend Emmanuel Ayala, an employee of the postal service, for carrying a firearm on postal premises, which is against the law as per 18 U.S.C. § 930(a). Ayala had a valid Florida Concealed Carry Permit. He often carried a 9mm pistol in a fanny pack for self-defense.Ayala fled from postal inspector agents, so a resisting arrest charge was included. An indictment was filed more than a month later. A warrant was issued on October 27th, and Ayala was arrested on November 16, 2022. Counsel...
 

Packing Services: Federal Judge Rules Ban on Guns in Post Offices is Unconstitutional
 
01/14/2024 11:38:40 AM PST · by zeugma · 22 replies
Jonathan Turley blog ^ | 01/14/24 | Jonathan Turley
In Florida, U.S. District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on the 2022 Supreme Court ruling New York State Rifle & Pistol Association v. Bruen recognized a person’s right to carry a handgun in public for self-defense.The case concerned Emmanuel Ayala, a U.S. Postal Service truck driver, who had a concealed weapons permit and held a Smith & Wesson 9mm handgun in a fanny pack for self-defense. When police tried to stop him, he ran and struggled with officers. While dismissing the...
 

Judge rules federal law banning gun possession in post offices unconstitutional
 
01/13/2024 6:41:35 PM PST · by CFW · 23 replies
Just the News ^ | 1/13/24 | John Solomon
Afederal judge has declared that a law banning Americans from possessing guns in postal offices is unconstitutional. U.S. District Judge Kathryn Kimball Mizelle in Florida ruled Friday that a landmark U.S. Supreme Court ruling from 2022 made the postal office gun ban illegal. As part of the decision, she dismissed part of an indictment charging postal worker Emmanuel Ayala with illegally possessing a gun in a federal building. She said the criminal charge violated Ayala’s 2nd Amendment rights. [link to judge's opinion included in article]
 

War Powers: What Are They Good For? (deemed unconstitutional by every president. dozens of instances of use of force..only around 10% subject to a congressional war declaration)
 
01/12/2024 6:53:30 AM PST · by daniel1212 · 10 replies
Center for a New American Security ^ | Richard Fontaine, Loren DeJonge, Schulman, Stephen Tankel
In March, in a joint resolution, Congress directed the president to terminate military hostilities against Iran unless authorized by Congress. ..President Donald Trump vetoed the measure, and Congress lacked the votes to override. During recent decades, such has often been the end result of legislative efforts to limit presidential war making... The 1973 War Powers Resolution took effect when Congress’s actual powers to declare war, appropriate funds, and organize the armed forces were at a low point.... Consecutive administrations have expanded the executive branch’s authority to use military force, and Congress has often become sidelined in the process. This reality...
 
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