Tagged: constitutional law

Q&A Roundup Part 1

I get a lot of questions over at my comic and on Tumblr, and try to answer most of them as best I can. Some get answered privately, but some are out there for all to see. It occurs to me that there may be readers of this blog who may not want...

Is New York City’s Gun Law Unconstitutional?

The short answer is yes.  Yes, it is. One of the lovely ironies of criminal defense is that most of the things we fight for are conservative values — individual liberties, constitutional rights, defending actual people from the insane might of the State — even though the defense attorneys themselves...

Justice Souter: Closet Originalist?

It’s hard not to love the recently-retired Justice Souter.  A one-of-a-kind individual who writes, not with a computer or even a typewriter, but with a fountain pen.  Who never uses email, cell phones or answering machines.  Whose home is filled with thousands of books, but no TV.  More than that,...

Assigned Counsel are Not Government Actors? This is News?

The Supreme Court ruled today that defense attorneys assigned by the state are not government actors, merely because the government assigns and pays them. They are attorneys for the defendant, and their actions are actions of the defense, not the government. This seems like a no-brainer. Every defense attorney knows...