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Federal Judge rules California assault weapons ban unconstitutional
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2023/10/20 18:02
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A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.
“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”
The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.
Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.
California Attorney General Rob Bonta said his office had already filed a notice of appeal.
“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”
John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling. |
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New Supreme Court Fellows Begin Term
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2023/09/04 11:40
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Four new U.S. Supreme Court Fellows will begin their 2023-2024 fellowships in September. Jose D. Vazquez joins the program from the U.S. Court of Appeals for the Eleventh Circuit, where he clerked for Judge Adalberto J. Jordan. He is assigned to the Administrative Office of the U.S. Courts, an agency within the judicial branch that provides a broad range of management and administrative support to the federal courts. Vazquez previously clerked for Judge Jacqueline Becerra, of the U.S. District Court for the Southern District of Florida. Victoria K. Nickol is assigned to the Supreme Court’s Office of the Counselor to the Chief Justice. She has served as a law clerk for Judge Donald W. Molloy, of the U.S. District Court for the District of Montana, and as a law clerk for Judge Sidney R. Thomas, of the U.S. Court of Appeals for the Ninth Circuit. Adam J. Kuegler joins the program from the U.S. District Court for the District of Connecticut, where he clerked for Judge Sarala V. Nagala. He is assigned to the Federal Judicial Center, which is the education and research agency for the federal courts. Viviana I. Vasiu joins the program from the U.S. District Court for the Southern District of New York, where she clerked for Judge Gregory H. Woods. She is assigned to the U.S. Sentencing Commission, the agency responsible for establishing sentencing policies and practices for the federal courts. Vasiu previously clerked for Magistrate Judge Anthony E. Porcelli, of the U.S. District Court for the Middle District of Florida. The Supreme Court Fellows Program, established by the late Chief Justice Warren E. Burger in 1973, provides participants the opportunity to gain a greater understanding of the federal Judiciary. Fellows work alongside top officials in the judicial branch on projects that further the goals of the Judiciary. In the words of Chief Justice John G. Roberts, Jr., the program offers “a unique opportunity for exceptional individuals to contribute to the administration of justice at the national level.” The fellows are selected by a commission composed of nine members selected by the Chief Justice. Additional background information on each of the 2023-2024 Supreme Court Fellows and the program’s history is available online. |
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Ex-Catholic Cardinal McCarrick, age 93, found unfit to stand trial
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2023/09/01 13:07
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The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.
McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.
During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.
“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.
McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.
The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.
McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.
In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.
At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him. |
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Some states reject federal money to replace dangerous lead pipes
Law Firm SEO |
2023/08/25 12:54
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As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.
Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.
States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.
The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.
The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.
“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said.
Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.
The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.
Washington accepted $85,000 of $63 million it could have taken and said the decision was based on the limited number of water systems that wanted loans. The EPA estimates the state has 22,000 lead pipes. Oregon, which could have accepted $37 million, said inventories are going to be done with existing staff and resources, adding that utilities have no known lead lines. The EPA projected that the state has 3,530 lead pipes — a relatively small number — based in part on information collected from utilities. |
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