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•  Legal Events - Legal News


The Supreme Court’s decision overturning a gun-permitting law in New York has states with robust firearms restrictions scrambling to respond on two fronts — to figure out what concealed-carry measures they might be allowed to impose while also preparing to defend a wide range of other gun control policies.

The language in the court’s majority opinion heightened concern that other state laws, from setting an age limit on gun purchases to banning high-capacity ammunition magazines, may now be in jeopardy.

“The court has basically invited open season on our gun laws, and so I expect litigation across the board,” said New Jersey acting Attorney General Matt Platkin, a Democrat. “We’re going to defend our gun laws tooth-and-nail because these gun laws save lives.”

The court ruling issued Thursday specifically overturned a New York law that had been in place since 1913 and required that people applying for a concealed carry permit demonstrate a specific need to have a gun in public, such as showing an imminent threat to their safety. The court’s conservative majority said that violated the Second Amendment, which they interpreted as protecting people’s right to carry a gun for self-defense outside the home.

While the ruling does not address any other laws, the majority opinion opens the door for gun rights advocates to challenge them in the future, said Alex McCourt, the director of legal research for the Johns Hopkins Center for Gun Violence Solutions.

Pro-firearms groups in several states said they plan to do just that.

Attorney Chuck Michel, president of the California Rifle and Pistol Association, said the group is preparing to expand its legal challenges based on the high court changing the legal standard used to assess whether gun control laws are constitutional.

Courts must now consider only whether a gun control regulation is consistent with the Second Amendment’s actual text and its historical understanding, according to Thursday’s ruling. Before that, judges also could consider a state’s social justification for passing a gun control law.

Michel said the standard will affect three prominent California laws. Legal challenges to the state’s limits on assault weapons, its requirement for background checks for buying ammunition and its ban on online ammunition sales are pending before a federal appellate court.


Supreme Court rules against Navajo Nation member

•  Legal Events     updated  2022/06/13 17:45


The Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.

The 6-3 ruling is in keeping with an earlier ruling from the 1970s that said the same about a more widely used type of tribal court.

The case before the justices involved a Navajo Nation member, Merle Denezpi, accused of rape. He served nearly five months in jail after being charged with assault and battery in what is called a Court of Indian Offenses, a court that deals exclusively with alleged Native American offenders.

Under federal law Courts of Indian Offenses can only impose sentences of generally up to a year. The man was later prosecuted in federal court and sentenced to 30 years in prison. He said the Constitution’s “Double Jeopardy” clause should have barred the second prosecution.

But the justices disagreed.

“Denezpi’s single act led to separate prosecutions for violations of a tribal ordinance and a federal statute. Because the Tribe and the Federal Government are distinct sovereigns, those” offenses are not the same, Justice Amy Coney Barrett wrote for a majority of the court. “Denezpi’s second prosecution therefore did not offend the Double Jeopardy Clause.”

The Biden administration had argued for that result as had several states, which said barring federal prosecutions in similar cases could allow defendants to escape harsh sentences.

The case before the justices involves a tribal court system that has become increasingly rare over the last century. Courts of Indian Offenses were created in the late 1800s during a period when the federal government’s policy toward Native Americans was to encourage assimilation. Prosecutors are federal officers answerable to federal authorities, not tribal authorities.

Federal policy toward Native Americans shifted in the mid-1930s, however, to emphasize a greater respect for tribes’ native ways. As part of that, the government has encouraged tribes to create their own tribal courts, and the number of Courts of Indian Offenses has steadily decreased. Today there are five regional Courts of Indian Offenses that serve 16 tribes in Colorado, Oklahoma, Nevada, New Mexico and Utah. They are generally tribes with a small number of members or limited resources. Nationwide there are more than 570 federally recognized tribes.

The court said in 1978 that the Double Jeopardy clause did not bar the federal government from prosecuting a Native person in federal court after a tribal court prosecution, so the only question for the court this time was whether the rule should be different for Courts of Indian Offenses.

In July 2017, Denezpi traveled with a female member of the Navajo Nation to Towaoc, Colorado, which is a part of the Ute Mountain Ute Reservation. While there, Denezpi raped the woman.

Denezpi was first charged in a Court of Indian Offenses with assault and battery, among other things. He eventually agreed to a so-called Alford plea in the case, not admitting guilt but acknowledging that prosecutors had enough evidence that he would likely be convicted at trial. He was sentenced to time served, 140 days in jail. His prosecution in federal court followed.



A German federal court on Monday mulled a Jewish man’s bid to force the removal of a 700-year-old antisemitic statue from a church where Martin Luther once preached, and said it will deliver its verdict in the long-running dispute next month.

The “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg is one of more than 20 such relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.

The case went to the Federal Court of Justice after lower courts ruled in 2019 and 2020 against plaintiff Michael Duellmann. He had argued that the sculpture was “a defamation of and insult to the Jewish people” that has “a terrible effect up to this day,” and has suggested moving it the nearby Luther House museum.

Placed on the church about four meters (13 feet) above ground level, the sculpture depicts people identifiable as Jews suckling the teats of a sow while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.

In 1988, a memorial was set into the ground below, referring to the persecution of Jews and the 6 million people who died during the Holocaust. In addition, a sign gives information about the sculpture in German and English.

In 2020, an appeals court in Naumburg ruled that “in its current context” the sculpture is not of “slanderous character” and didn’t violate the plaintiff’s rights. It said that, with the addition of the memorial and information sign, the statue was now “part of an ensemble which speaks for another objective” on the part of the parish.



Florida Gov. Ron DeSantis signed a 15-week abortion ban into law Thursday as the state joined a growing conservative push to restrict access ahead of a U.S. Supreme Court decision that could limit the procedure nationwide.

The new law marks a significant blow to abortion access in the South, where Florida has provided wider access to the procedure than its regional neighbors.

The new law, which takes effect July 1, contains exceptions if the abortion is necessary to save a mother’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking. Under current law, Florida allows abortions up to 24 weeks.

“This will represent the most significant protections for life that have been enacted in this state in a generation,” DeSantis said as he signed the bill at the “Nación de Fe” (“Nation of Faith”), an evangelical church in the city of Kissimmee that serves members of the Latino population.

DeSantis, a Republican rising star and potential 2024 presidential candidate, signed the measure after several women delivered speeches about how they chose not to have abortions or, in the case of one, regretted having done so.

Some of the people in attendance, including young children, stood behind the speakers holding signs saying “Choose life,” while those who spoke stood at a podium to which was affixed a sign displaying an infant’s feet and a heartbeat reading, “Protect Life.”

Debate over the proposal grew deeply personal and revealing inside the Florida legislature, with lawmakers recalling their own abortions and experiences with sexual assault in often tearful speeches on the House and Senate floors.



A Maryland man who waved a Confederate flag attached to a lacrosse stick during the siege at the U.S. Capitol pleaded guilty on Tuesday to interfering with a police officer who was trying to disperse a crowd of rioters.

David Blair, 27, faces a maximum prison sentence of five years after pleading guilty to a felony charge of obstructing law enforcement during a civil disorder. Estimated sentencing guidelines in Blair’s case recommend a term of imprisonment ranging from eight to 14 months.

U.S. District Judge Christopher Cooper is scheduled to sentence Blair on July 13.

Blair was charged with assaulting a Metropolitan Police Department officer outside the Capitol during the Jan. 6, 2021, attack by a mob of Donald Trump supporters. Wearing a skull-themed face mask, Blair profanely taunted the officer and struck him with a wooden lacrosse stick adorned with a Confederate battle flag, prosecutors said. An officer’s body camera captured video of Blair waving the flag in front of a crowd that police were trying to disperse.




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