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Dred Scott and the Second Amendment. Kopel's Law and Liberty News, on Independence Institute Television (IITV). The upcoming U.S. Supreme Court case on the right to bear arms involves some of the same fundamental rights that were at issue in 1856 in Dred Scott v. Sanford.

Colorado Inside Out. Oct. 15, 2021. Reject scam ballot initiatives Colorado 119 (unaccountable board to spend money on preschools) and Denver 302 (would give the green space parkland in Park Hill Golf Course to a developer). Colorado district court correctly agrees Mesa County Commissioners (all Republicans) that Tina Peters cannot be the designated election officer for the 2021 election, but court's opinion is poorly written. Senator Michael Bennet continues to be a fundraising powerhouse. Court hearing on libel lawsuit by Dominion Voting employee victimized by Trump team falsehoods. Disgrace: Denver media ignore Denver police officer Jose Manriquez, who was wrongfully forced to receive a Covid-19 vaccine even though he has natural immunity--and is now partially paralyzed. Something nice: Good health and long life to Queen Elizabeth II and President Biden, since their successors are terrible.

Latest: Guns Kill People, and Tyrants with Gun Monopolies Kill the Most. 24 Gonzaga Journal of International Law (2021, forthcoming).

Rosales-Gonzalez v. United States. No. 21-5305. Cert. petition amicus brief by Drug Policy Alliance, joined by NAACP, Law Enforcement Action Partnership, Independence Institute, Libertas Institute, and Due Process Institute. A defendant’s ability to pay should be considered when determining if a fine, including civil asset forfeiture, is excessive under the Eighth Amendment. Civil asset forfeiture has been widely abused, and is often used against poor people with few assets.

Short articles

Amnesty International brief against right to bear arms. Reason/Volokh Conspiracy. Oct. 13, 2021.

Second Amendment professors brief in Supreme Court right to bear arms case. American and English historical precedents show a robust individual right. Reason/Volokh Conspiracy. Oct. 6, 2021.

Biden’s Ammunition Ban Is Part Of The Left’s Plot To Disarm Americans. The gun prohibition lobbies have discovered that even if they can’t ban guns, choking off ammunition is an effective way to prevent people from using them. The Federalist. Sept. 7, 2021.

Una catastrofe para la politica exterior de Estados Unidos. La Razon. Sept. 1, 2021. Interview on Afghanistan.

Q&A: Dave Kopel. Arvada Press. May 11, 2021. Ryan Dunn.

"The Right to Bear Arms" by Stephen Halbrook: Book Review. A book that may may help decide the Supreme Court's upcoming right to carry case. Reason/Volokh Conspiracy. May 1, 2021.


In the Media

Gunmaker Remington offers $33M settlement to Sandy Hook families, the latest step in yearslong legal battle. USA Today. Aug. 15, 2021. Christine Fernando.

Handgun sale ban to under 21-year-olds is unconstitutional, appeals court says. CNN. July 13, 2021. Tierney Sneed.

Biden’s false claim that the 2nd Amendment bans cannon ownership. Washington Post. June 28, 2021. Glenn Kessler.

WaPost gives Biden four 'Pinocchios' for saying Second Amendment bans cannon ownership. The Hill. June 28, 2021. Dominick Mastrangelo.

The Biden Administration's Model 'Red Flag' Law Belies the Justice Department's Avowed Commitment to Due Process. The Justice Department's proposal encourages states to take away people's Second Amendment rights based on little more than bare allegations. Reason. June 21, 2021. Jacob Sullum.

After judge overturns California assault weapons ban, state officials vow to fight back. L.A. Times. June 5, 2021. Alex Wigglesworth, Thomas Curwen.

California Assault Weapons Ban 'Disrespects' Freedom, Federal Judge Writes. National Public Radio. June 6, 2021. Matthew Schwartz.

Federal judge overturns California’s decades-old ban on assault weapons. San Francisco Chronicle. June 5, 2021. Lauren Hernandez.

Pushback on proposed Colorado gun laws gains steam among counties, sheriffs. Greeley Tribune (plus Denver Post and others). May 29, 2021. John Aguilar.


Television, Radio, Podcasts  

Dred Scott and the Second Amendment. Kopel's Law and Liberty News, on Independence Institute Television (IITV). The upcoming U.S. Supreme Court case on the right to bear arms involves some of the same fundamental rights that were at issue in 1856 in Dred Scott v. Sanford.

Colorado Inside Out. Oct. 15, 2021. Full episode. Reject scam ballot initiatives Colorado 119 (unaccountable board to spend money on preschools) and Denver 302 (would give the green space parkland in Park Hill Golf Course to a developer). Colorado district court correctly agrees Mesa County Commissioners (all Republicans) that Tina Peters cannot be the designated election officer for the 2021 election, but court's opinion is poorly written. Senator Michael Bennet continues to be a fundraising powerhouse. Court hearing on libel lawsuit by Dominion Voting employee victimized by Trump team falsehoods. Disgrace: Denver media ignore Denver police officer Jose Manriquez, who was wrongfully forced to receive a Covid-19 vaccine even though he has natural immunity--and is now partially paralyzed. Something nice: Good health and long life to Queen Elizabeth II and President Biden, since their successors are terrible.

Colorado Inside Out. Oct. 8, 2021. Full episode. Mandatory vaccines for persons who have natural immunity to CCP virus is unscientific. Persons aggrieved by Colo. Independent Congressional Redistricting Commission's decision not to perpetrate a racial gerrymander are unlikely to succeed in court. Some bigoted members of Denver City Council want to outlaw adult use of flavored tobacco (e.g., hookahs) or flavored eggplant (vaping). Disgrace: Bigoted member of Aurora City Council says that Republicans are more dangerous than Nazis, Stalinists, and Maoists. Something nice: Replacing Columbus Day with Mother Carbrini Day was a good idea.

Colorado Inside Out. Sept. 24, 2021. Full episode. Colo. Dept. of Public Health and the Environment hides the data on its report showing the mask mandates in schools reduce CCP virus infection by, at most, 1 in 2,000 students. Amendment 78 on November ballot would ensure that the legislature must control the appropriation of money received by executive branch slush funds. Mesa County Commissioners step into fight between Mesa County Clerk and the Secretary of State. Independent Ethics Commission correctly rules that Secretary of State Griswold cannot have a security team paid for by a PAC she runs. Disgrace/something nice: The caste system of the unmasked rich and their masked servants. Natasha Gardner will be a great managing editor for Colorado History.

Federal judge strikes CA ban on Guns. The Drew Mariani Show. Relevant Radio. June 7, 2021. Guest host Ed Morrisey. 30 minutes.

Independence Institute Television. May 31, 2021. Colorado's regressive new anti-gun laws. 45 minute interview by Jon Caldara.

The Right to "Bear" Arms. Short Circuit Podcast, Institute for Justice. New Supreme Court case on right to bear arms; 9th Circuit Young decision against the right. May 21, 2021. 41 minutes.

Biden announces executive orders on guns. Drew Mariani Show. Apr. 8, 2021. 35 minutes.

The History of Homemade Guns. Apr. 5, 2021. Kopel interviews Mark Tallman, author of Ghost Guns: Hobbyists, Hackers, and the Homemade Weapons Revolution. 3D printing technology is creating a new frontier in homemade weapons. How will these new guns and production methods change government policy, the culture, and self defense in the future? Episode #002 of Kopel's Law and Liberty News, on Independence Institute TV (IITV). 88 minutes.

Gun control and murders in Boulder. Persecution of law-abiding gun owners is like Trump's persecution of law-abiding Muslims. Meaning of the Second Amendment. Jeff Crank Show. Apr. 3, 2021. Kopel starts at 1:00:24.


Latest Monographs & Journal articles

Guns Kill People, and Tyrants with Gun Monopolies Kill the Most. 24 Gonzaga Journal of International Law (2021, forthcoming).

Errors of Omission: Words Missing from the Ninth Circuit's Young v. State of Hawaii, 2021 University of Illinois Law Review Online 172 (May 13, 2021). With George A. Mocsary.

Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review (forthcoming 2021).


In the Courts and Congress

Rosales-Gonzalez v. United States. No. 21-5305. Cert. petition amicus brief by Drug Policy Alliance, joined by NAACP, Law Enforcement Action Partnership, Independence Institute, Libertas Institute, and Due Process Institute. A defendant’s ability to pay should be considered when determining if a fine, including civil asset forfeiture, is excessive under the Eighth Amendment. Civil asset forfeiture has been widely abused, and is often used against poor people with few assets.

New York State Rifle & Pistol Association v. Bruen. U.S. Supreme Court. No. 20-843. Amicus brief of Professors of Second Amendment Law, Weld County, Colorado, Weld Sheriff Steve Reams, Independence Institute, and Firearms Policy Foundation. July 14, 2021.

Terkel v. Centers for Disease Control. U.S. Fifth Circuit Court of Appeals. No. 21-40137. Amicus brief of Cato Institute, Prof. Randy E. Barnett, Reason Foundation, Individual Rights Foundation, and Independence Institute. June 3, 2021. The federal government's power to regulate interstate commerce does not authorize a federal ban on evictions.

Florida v. Garcia. Florida Supreme Court. No. SC20-1419. Merits amicus brief of Independence Institute and Due Process Institute (May 10, 2019). Compelling an individual to disclose his cell phone password to law enforcement is violates the Fifth Amendment and the Florida Constitution.

Americans for Prosperity Foundation v. Becerra. U.S. Supreme Court. No. 19-251 & 19-255. Merits amicus brief of public policy research organizations. First Amendment donor privacy and association rights.

Caniglia v. Strom. No. 20-157. Merits amicus brief of Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute (Jan. 15, 2021). A judicially-created "community caretaking exception" to the Fourth Amendment allows warrantless searches of automobiles without probable cause. Can the exception be extended to the home? The amicus brief urges not, based on the historical sanctity of the home in Anglo-American law, plus analysis of the text of the Amendments I through V.

 

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Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and those whom he follows on Twitter.

Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Avenue, Denver, Colorado 80203 Phone 303-279-6536. (email webmngr @ i2i.org)

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