Videos
Videos

Victory and Vindication in Gonzalez v. Trevino Decision

Episode #95
Today on Legalese, we wrap up our in-depth coverage of the Supreme Court case of Gonzalez v. Trevino. The Court would issue a per curiam opinion that is a major victory for Sylvia Gonzalez, as her case will now be allowed to move forward in the Fifth Circuit, under instructions from the Supreme Court guiding the lower courts to adopt Sylvia Gonzalez’s first amendment retaliation claim, utilizing the Nieves exception as argued by Sylvia Gonzalez.

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A Strange Victory For Sylvia Gonzalez’s First Amendment Retaliation Case

Episode # 95
Today on Legalese we discuss the strange victory in the First Amendment Retaliation Case of Gonzalez v. Trevino. While this case is indeed a major victory for Sylvia Gonzalez, the Supreme Court’s Per Curiam opinion is puzzling to say the least.
We will certainly be discussing this case in a future video to try and analyze how and why the Court would issue a Per Curiam opinion in a case where several Justices, including several that concurred with a decision in favor of Sylvia Gonzalez never-the-less seem to disagree with the outcome.
However, at least for today, I give you a simple breakdown of the Opinion of the Court.

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Supreme Court Smacks Down Bump Stock Ban

Episode #95
Today on Legalese, we are wrapping up the Supreme Court case of Garland v. Cargill. We have been following this case here on this channel for the past 2+ years as it wound its way through the lower courts.
We now have a final resolution on the matter, as the Supreme Court, on Friday June 14, 2024 would issue their opinion on the case.
The Supreme Court would hold that a bump stock does not meet the definition of a machine under 26 U.S.C. §5845(b). As such the Trump Administration’s decision to reclassify bump stocks as a machinegun through the ATF’s regulatory rulemaking power was an affront to the rule of law and separation of powers.
The Court would hold that any regulation of bump stocks would have to come from Congressional legislation. As such, the ATF’s attempt to ban these devices was unlawful and unconstitutional.

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SCOTUS Calls Bullshit On Bump Stock Ban

Episode # 95
Today on Legalese, we have our Supreme Court Wrap-Up for Garland v Cargill, the case that challenged the Trump Administration’s bump stock ban. The Court would side with the Rule of Law and Separation of Powers by upholding the inability of the Executive Branch, specifically the ATF, from being able to essentially rewrite the meaning of statute’s through agency rulemaking.

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Supreme Court Delivers Decision In The “Trump Too Small” Case

Episode # 93
Today on Legalese, we are discussing the Supreme Court’s decision in Vidal v. Elster (Also known as the “Trump Too Small” case).
This case arises from Steve Elster’s efforts to register the phrase “Trump Too Small” so that he could print and sell t-shirts bearing that phrase.
The court on Thursday, June 13, 2024 unanimously rejected an attempt to force the Patent and Trademark Office to accept the registration “Trump too small” as a trademark for T-shirts mocking the former president.

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Supreme Court Bitch Slaps Petty Tyrant (NRA v. Vullo Decision)

Episode # 92
Today on Legalese we have a decision in the NRA v. Vullo case. It is a major victory for the First Amendment and gun rights.
We have been closely following this case on my channel over the last year as part of my annual Supreme Court Roundup.
The Supreme Court on Thursday, May 30, 2024 reinstated a lawsuit by the National Rifle Association, alleging that a New York official violated the group’s First Amendment rights when she urged banks and insurance companies not to do business with it in the wake of the 2018 shooting at a Florida high school.
In a unanimous decision by Justice Sonia Sotomayor, the justices agreed that the NRA had made out a case that Maria Vullo, then the head of New York’s Department of Financial Services, had gone too far in her efforts to get companies and banks to cut ties with the NRA, crossing over the line from efforts to persuade the companies and banks – which would be permitted – to attempts to coerce them, which are not.

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Judge Says “Second Amendment Doesn’t Exist”

Episode # 91
Today on Legalese, we discuss the case of Dexter Taylor.
New York has sentenced a 53-year-old black man with no criminal history to 10 years behind bars for the crime of exercising his constitutionally protected Second Amendment rights.

Dexter Taylor, a software engineer from Brooklyn, was raided by police and arrested in 2022 after Brooklyn District Attorney Eric Gonzales, the man who pledged to lead “the most progressive D.A.’s office in the country,” brought a 37-count indictment against him. The crime? Taylor was using his skills as a machinist to build his own firearms, specifically firearms that Democrats have nicknamed “ghost guns,” or guns built by nontraditional manufacturers.

Taylor’s family has created a GiveSendGo to help with his legal fees as he prepares to fight his case, which could go as high as the Supreme Court.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-dexter-taylor-case

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The Beginning Of The End Of Civil Asset Forfeiture

Episode # 90
Today on Legalese, we discuss the Supreme Court’s recent decision in the case of Culley v. Marshall and how the concurring and dissenting opinions spell the beginning of the end of the immoral and unconstitutional practice of civil asset forfeiture.

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The Craziest Qualified Immunity Claim Ever!

Episode # 89
Today on Legalese, we are going to be discussing the case of Hughes v. Few. This was a case recently decided before the Fifth Circuit in an interlocutory appeal, and it constitutes what may very well be the craziest qualified immunity claim any cop has tried to make.

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Reefer Sadness – Why Rescheduling Marijuana Solves Nothing

Episode # 87
Today on Legalese we discuss the recent announcement by the Department of Justice that the DEA will be rescheduling marijuana under the Controlled Substances Act from Schedule I to Schedule III.

We discuss why this move is entirely worthless in that it accomplishes none of the goals the Biden Administration say they are passing it to accomplish. We also explore why such moves are meaningless by intent.

Because all of these arguments and debates take place within an acceptable window of dissent to avoid ever having a conversation about the fact that it is immoral for the government to dictate which substances a person is permitted to consume, whether it is alcohol, tobacco, herbal remedies, saturated fat, marijuana, etc. These decisions belong to individual people, not the government.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-why-rescheduling-marijuana

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