Legale§e

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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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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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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Episode # 86
Today on Legalese we have the latest installment in my series “Constitutional Myths and Misconceptions.” Today we will be address myths surrounding Article V, which outlines the two methods of amending the Constitution.
We will be addressing the “runaway convention” fallacy. This is the belief that such a convention would be unlimited and uncontrollable in its scope and process.
Fortunately the deep dive into this topic that this episode takes will demonstrate conclusively there is no aspect of that scenario that is supported by our history or our laws.

Show Notes For This Episode – https://constitutionallaw.substack.com/p/show-notes-article-v-myths-and-misconceptions

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This video is an edited edition my original podcast episode that was initially published here on April 16, 2024. This is simply a cleaned up version with the profanity and raunchy humor edited out to include as part of a portfolio of my work.

Episode # 83
Today on Legalese we are discussing the the Biden Administration’s new agency rules put into effect by the Department of Labor, meant to be the first step to destroying the ‘gig economy’ on the national level. This reality is one that I have been warning about for the better part of five years, and it finally seems to be coming to fruition.

This move is meant to “regulate” freelance workers and independent contractors, with the government insisting independent contractors are being exploited and must be saved from their own choices.

Really this is nothing more than a move to force millions of people who enjoy the flexibility and freedom of working as an independent contractor to join labor unions as dues paying members.

We will be covering what these new Department of Labor regulations say and do, as well as looking at the various pieces of legislation they are based on to try and understand the real-world effect these regulations will have.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-freelance-is-dead-long

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Episode # 85

Support The Institute For Justice – https://ij.org/support/give-now/devillier

In Devillier v. Texas, the Supreme Court delivers a property rights hat trick. Following the Supreme Court’s rulings in Tyler v. Hennepin County and Sheetz v County Of El Dorado, Devillier v. Texas is now the third landmark takings clause precedent in a row to side with property rights over sovereign immunity and the “compelling government interest” argument.

This is both notable and commendable— Especially considering this takings clause trifecta has consisted of three unanimous opinions, despite the fact that for decades, takings clause cases have traditionally split the Justices along the ideological right/left divide.

On the other hand, this ruling would prove to be much more narrow in its scope than many people had hoped for and expected. The Court declined to address the question presented directly, which asked whether people can seek redress under the self-executing takings clause if the legislature has not provided them with an affirmative cause of action.

The Court also failed to address the initial issue in this case, which was the Catch-22 the state of Texas employed to avoid their obligation to pay just compensation for the taking.

Today on Legalese we will be going through the opinion of the court to break down precisely what the court’s unanimous decision does and does not accomplish. As well as exploring some fascinating tangential aspects of this opinion.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-devillier-v-texas-wrap

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Episode # 84
Today on Legalese, we are discussing the Supreme Court’s decision in the case of Sheetz v El Dorado County in which the Supreme Court would find that extortion is unconstitutional.

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Episode # 84
Today on Legalese, we are discussing the Supreme Court’s decision in the case of Sheetz v El Dorado County in which the Supreme Court would find that extortion is unconstitutional.

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