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America June 3, 2024 13 mins read

10 Major Issues That Justices Must Decide In Summer

America ı By Rochdi Rais

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Atlanta Immigration Firm paralegal settlement

Rahimi's case is the first time the court has been asked to apply its so-called Bruen test, but the justices, including Bruen's author Justice Clarence Thomas seemed skeptical at oral arguments in October that Rahimi's theory holds water.

In the second case, firearms instructor Michael Cargill is challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' 2019 decision to categorize bump stocks as machine guns, the possession of which is banned under the National Firearms Act. Bump stock-equipped semiautomatic rifles are different from machine guns, he argues, because each shot fired by the rifle requires a separate pull of the trigger, which the bump stock facilitates by using the gun's momentum to repeatedly bump the trigger against either the shooter's finger or a barrier.

But the federal government maintains there is no meaningful difference between bump stock-equipped rifles and machine guns, which both require only a single pull of the trigger to initiate a firing sequence.

At oral arguments in February, the court seemed divided on the issue, finding validity in the government's argument, but questioning why federal lawmakers didn't use broader language in the firearms act to capture bump stock-like devices.

The domestic abuse case is United States v. Rahimi, case number 22-915, and the bump stock case is Garland et al. v. Cargill, case number 22-976.

Agency Courts

Hedge fund manager George R. Jarkesy Jr. has lodged a constitutional challenge to the U.S. Securities and Exchange Commission's in-house court system, which uses administrative law judges to assess fines and penalties against parties that violate federal securities law.

Jarkesy provided several reasons why the administrative court system should be dissolved, including claims it violates the U.S. Constitution's non-delegation clause and its judges are protected from removal. But at oral arguments in December, the Supreme Court focused on his contention that the system violates the Seventh Amendment right to a jury trial. The federal government counters that the Seventh Amendment doesn't apply to administrative proceedings where the government is attempting to maintain a public right like an open and fair market.

The court seemed torn at oral arguments between protecting the right to a jury trial and issuing an opinion that wouldn't upend similar in-house court systems at other federal agencies. Although, the court's recent decision upholding the Consumer Financial Protection Bureau's unique funding scheme has given court watchers hope that the justices may save the SEC courts.

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Rochdi Rais
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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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