SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.
Chief Justice Robert wrote an excellent, thorough, and overwhelmingly persuasive majority opinion in S.E.C. v. Jarkesy, 603 U.S. __ (2024), holding that the Securities and Exchange Commission could not try civil fraud suits before its own Administrative Law Judges. It must instead try them in federal District Court where the Seventh Amendment right to a civil jury trial must be available in all cases which were “[suits] at common law,” as opposed to suits in equity and in admiralty.

The Supreme Court did today for the Seventh Amendment roughly what it did for the Second Amendment in District of Columbia v. Heller, 554 U.S. 570 (2008). It held, in a narrow opinion, that Congress and the President cannot completely ignore the Seventh Amendment, just as they used to completely ignore the Second Amendment before Heller was decided. This is the case at least in civil fraud cases brought by the S.E.C.

The Chief Justice’s opinion was joined by five other justices: Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. Chief Justice Roberts’ opinion examined originalist, textualist, and doctrinal sources of law. In much of the opinion, Chief Justice Roberts makes an overwhelmingly powerful argument that S.E.C. fraud cases are in the words of the Seventh Amendment “[s]uits at common law” which can only be tried by a jury and not suits in equity or admiralty where the right to jury trial has not historically been available.

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W.Va. Campus Self-Defense Act to take effect July 1

On July 1, Senate Bill 10, the W.Va. Campus Self-Defense Act, will take effect in West Virginia. Passed by the West Virginia Legislature in 2023, the Campus Self-Defense Act allows a person to carry a concealed pistol or revolver on the grounds of an institution of higher education, with some exceptions, if that person has a current and valid license to carry a concealed deadly weapon.

The West Virginia University Campus Safety Steering Group has been working for many months in coordination with several sub-groups, including one focused solely on what is commonly known as campus carry, on how the law will be implemented across the WVU System.

These, in conjunction with signage, will assist in informing where licensed concealed pistol and revolvers are not allowed on the Morgantown, Keyser, Beckley and Health Sciences campuses.

Facilities has started installing signs in areas specifically exempt from the law under BOG Finance and Administration Rule 5.14 — Deadly Weapons, Dangerous Objects and the W.Va. Campus Self-Defense Act.

Ultimately, it is up to the concealed carry license holder to know the specifics of the law and BOG Rule and to follow the regulations while on campuses throughout the WVU System. Violations will be addressed on a case-by-case basis.

Additionally, please review the FAQs for updated information, including a section specifically for Health Sciences, a step-by-step What To Do if You See Someone on Campus With a Gun guide and storage locker requests for qualifying students living in residence halls.

Occupants of “sole occupancy” offices wishing to request an approved sign for a prohibited area can do so by submitting a signage request.

Faculty members are encouraged to use the Faculty Senate-approved statement addressing concealed carry in their syllabi. It is available at facultysenate.wvu.edu/home.

The University wants everyone to feel safe on campus and works each day on measures to help ensure that. For example, the University Police Department offers active shooter, self-defense and verbal de-escalation training.

Despite Strict Gun Laws, California Leads Nation in Mass Shootings

New figures from the FBI reveal that California, despite having some of the strictest gun control laws in the nation, led the country in active shooter incidents in 2023. AWR Hawking’s over at Breitbart News called out the obvious fact after the FBI documented 48 active shooter incidents across 26 states last year, with California accounting for eight of these incidents. That number was the highest for any state.

The FBI defines an active shooter as “one or more individuals actively engaged in killing or attempting to kill people in a populated area.” The report highlights that open spaces, including roads, neighborhoods, parks, and outdoor venues, were the most common locations for these shootings, Fox News and ABC News reported.

California’s eight active shooter incidents in 2023 occurred in various settings, including open spaces, businesses, and educational centers. This marks a continuation of a troubling trend, as the state also led the nation in 2021 with six such incidents.

Federal investigators reported a total of 105 deaths and 139 injuries from these incidents nationwide. Texas and Washington state followed California, each with four incidents.

California Governor Gavin Newsom has frequently touted the success of his state’s gun control measures while criticizing the more lenient laws of other states. In a tweet on May 13, 2023, Newsom remarked, “It HAS to be the humidity. Why else would California’s gun violence rate be 57% lower than Florida’s?” However, FBI data shows that Florida had only two active shooter incidents in 2023, a quarter of California’s total.

Newsom’s comments highlight a paradox in California’s approach to gun control. While the state has implemented some of the nation’s toughest gun laws, it continues to experience a high number of mass shootings. Something clearly isn’t working. Will Newsom and his fellow anti-gun politicians ever figure it out?

Paris homeowner shoots intruder, investigation underway

PARIS, Texas (KXII) – An investigation is underway after a homeowner opened fire after allegedly catching an intruder in the act.

According to Paris Police, it happened around 5:30 a.m. on Johnson’s Wood Drive.
Police said the homeowner found the intruder in the kitchen after being alerted by the family dog.

The homeowner fired one shot with a handgun, but the suspect fled the scene.


Alliance Police Investigating Home Invasion and Homicide

ALLIANCE, Neb. (Wyoming News Now) – The Alliance Police Department is investigating a home invasion and a homicide.

Just before 2:30 AM this morning, police received a call from James Haller from the 100 block of South Flack Avenue. Haller told police that he had shot an intruder who forced themselves into his home. The suspect, Jerome Robb, was pronounced dead at the scene.

Police are still investigating the evidence, police say the evidence is consistent with what Haller reported to them. No charges have been recommended against the victim at this time.


Man shot and killed at Kenosha apartment, tenant faces no charges

KENOSHA, Wis. — A Kenosha apartment resident who shot and killed someone who burgled his home will not face charges, according to Kenosha police and the Kenosha County District Attorney’s Office.

According to police, Izerion Cooper, 24, and Dieonte Lee, 20, committed a burglary at the Wood Creek apartments near 15th Street and 30th Avenue on Friday, June 21. Police said the two stole a gun from the apartment. Later, around 4:25 a.m., Cooper realized he had forgotten some of his belongings at the apartment and went back to get them.

When Cooper returned, the apartment was back home at the residence. Cooper and the tenant got into a physical fight. Police said Cooper was armed during the fight.

According to the Kenosha County District Attorney’s Office and the Kenosha Police Department, the apartment tenant was within his right of self-defense when he shot and killed Cooper. At this time, no homicide-related charges will be referred or filed.

Police found and arrested Dieontre Lee, who they said was part of the original burglary. Lee is charged with burglary using a dangerous weapon and theft of a firearm.

Assault Weapon Ban Challenge: Yzaguirre v DC

As of yesterday, Arsenal Attorneys (that’s Dick Heller’s lawyer) has filed a complaint in the US District Court for DC against the District of Columbia and the MPD police chief seeking to overturn DC’s assault weapon registration restrictions on Second Amendment grounds.

 

 

CFIUS Clears Sale of The Kinetic Group to CSG

Represents Final Regulatory Approval Required to Close the Transaction

Board of Directors Continues to Recommend Stockholders Vote in Favor of Merger Agreement Proposal at Special Meeting on July 2, 2024

Vista Outdoor Inc. (“Vista Outdoor,” the “Company,” “we,” “us” or “our”) (NYSE: VSTO) and Czechoslovak Group a.s. (“CSG”) announced today that the Committee on Foreign Investment in the United States (“CFIUS”) has cleared CSG’s proposed acquisition of Vista Outdoor’s The Kinetic Group business (the “Transaction”). Vista Outdoor and CSG received written notice from CFIUS that CFIUS has concluded its review and investigation of the Transaction and has determined that there are no unresolved national security concerns. CFIUS clearance was the final regulatory approval required under the merger agreement with CSG for the closing of the Transaction.

Michael Callahan, Chairman of the Board of Directors, said “We are very pleased that CFIUS has carefully vetted the Transaction and, as we expected, determined that there are no unresolved national security concerns.”

CFIUS is an interagency committee of the U.S. government authorized to review certain transactions involving foreign investment in the United States to determine the effect of such transactions on U.S. national security.

“The CFIUS process involved a thorough review and investigation of the Transaction by numerous U.S. Government departments and agencies with a range of national security and other mandates,” Callahan said. “We believe the end result supports our view that CSG—which has deep expertise in supply chain excellence and ammunition manufacturing and strong support for NATO and allied nations—will be an excellent owner of The Kinetic Group. CSG is fully committed to supporting our American workforce, American hunters and domestic and allied military and law enforcement partners.”

The closing of the Transaction remains subject to receipt of the approval of Vista Outdoor’s stockholders and other customary closing conditions. The special meeting of Vista Outdoor stockholders to, among other things, consider and vote on a proposal to adopt the merger agreement with CSG is scheduled to be held virtually on July 2, 2024, at 9:00 a.m. Central Time.

The Board continues to recommend Vista Outdoor stockholders vote in favor of the proposal to adopt the merger agreement with CSG. Vista Outdoor is confident that the Transaction will maximize value for our stockholders by

  • Providing for a $2 billion purchase price, representing a $90 million increase from the original $1.91 billion purchase price,
  • Allowing stockholders to benefit directly from additional excess cash generated by the Company prior to closing,
  • Delivering $18.00 in cash consideration per share at closing, representing a $5.10 increase from the original cash consideration of $12.90 per share, and
  • Enabling stockholders to capture the long-term intrinsic value that is embedded in Revelyst’s business plan as a standalone public company……..

RUGER DEBUTS MARLIN 1894 TRAPPER CARBINE IN .44 MAG

Ruger this week reintroduced a factory stainless big loop Marlin 1894 Trapper model chambered in hard-hitting .44 Magnum/Special and shipping with a 16.1-inch barrel.

Originally patented on Aug. 1, 1893, by L.L. Hepburn, the Model 1894 was the first flat-top lever action with a side eject receiver. However, across its production run, Marlin typically liked to make the 1894 in longer barrel lengths, only making limited runs of short “trapper” carbines. This abbreviated take on the model, in a stainless-steel (1894SS) format, returned to Marlin for brief runs (e.g. 351 guns made for Davidson’s in 2006) and in a stainless big-loop (SBL) variant that popped up in the catalogs for 2011 and 2018.

Now, Ruger has brought it back for 2024.

the new Ruger Marlin 1894 Trapper in .44 shown in a lightbox
Using a stainless-steel barrel and receiver mated to black laminate furniture, the carbine is handy, taping out at just 33.25 inches overall while still keeping a 13.38-inch length of pull. Weight is 6.3 pounds. (Photos: Marlin)
the new Ruger Marlin 1894 Trapper in .44 shown in a lightbox
Chambered in .44 Magnum, the underbarrel magazine tube accepts 8 rounds, or when using shorter .44 Special cartridges, will hold nine. 
the new Ruger Marlin 1894 Trapper in .44 shown in a lightbox
The 1894 Trapper has an adjustable rear and blade front sight made by Skinner, while the cold hammer-forged 1-in-20-inch twist barrel ends with a threaded muzzle (5/8×24 TPI pattern) for muzzle devices and suppressors. 

 

The ask on the new Ruger Marlin 1894 Trapper in .44 is $1,499, a price generally lower at retail. That price matches the current Model 1895 Trapper in .45-70 and the Model 336 Trapper in .30-30, with each of those carbines having a 5+1 capacity.

FBI ‘Active Shooter’ Stats Shoot Holes In Biden’s ‘Mass Shooting’ Argument

President Joe Biden, Vice President Kamala Harris, anti-gun legislators and gun-ban groups like to tout the number of mass shootings in America, often saying there have been more mass shootings in the country than there have been days in the year.

Of course, these anti-gun activists are using numbers from the Gun Violence Archives, a website known for using criteria that greatly inflates such numbers. And that’s very easy to see when compared to the just-released Federal Bureau of Investigation report on “active shooter” incidents.

GVA’s “mass shootings” criteria is all events where four or more people are injured in a shooting. These incidents are often drug gang attacks and the like—not at all what Americans think of as mass shootings. In fact, they would include a botched arrest where two cops and two suspects are shot, and even self-defense shootings! By their criteria, they reported 656 mass shootings in 2023.

The FBI, on the other hand, classifies an “active shooter” how most Americans likely envision it—“an individual actively engaged in killing or attempting to kill people in a confined and populated area.” By the FBI’s count, there were 48 active shooter incidents in 2023, only about 7% of the total reported by GVA and constantly regurgitated by politicians and the press.

Of course, President Biden and other gun-ban advocates have full access to the FBI report, but you never hear them talking about it. They prefer the bloated numbers from GVA, even though they aren’t a true picture of what most think of when they hear the word “mass shooting.”

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Supreme Court backs Biden administration in social media case

Held: Neither the individual nor the state plaintiffs have established Article III standing to seek an injunction against any defendant. 
[In other words, we aren’t going to rule on this because…..reasons. So the federal goobermint can go right ahead and keep on doing this slimy crap]

Respondents are two States and five individual social-media users
who sued dozens of Executive Branch officials and agencies, alleging
that the Government pressured the platforms to censor their speech in
violation of the First Amendment.

Following extensive discovery, the District Court issued a preliminary injunction. The Fifth Circuit affirmed in part and reversed in part. The court held that both the state plaintiffs and the individual plaintiffs had Article III standing to seek injunctive relief.

On the merits, the court held that the Government entities and officials, by “coerc[ing]” or “significantly encourag[ing]” the platforms’ moderation decisions, transformed those decisions into state action. The court then modified the District Court’s injunction to state that the defendants shall not coerce or significantly encourage social-media companies to suppress protected speech on their platforms.

 

Supreme Court Signals July End to Term as Trump Ruling Looms

The US Supreme Court signaled it will take the unusual step of extending its term into July as it finishes work on about a dozen cases, including Donald Trump’s bid for immunity from prosecution for attempting to overturn his 2020 election loss.

The court, which had already scheduled Wednesday as an opinion day this week, updated its website to show it will issue rulings on Thursday and Friday as well. Because Chief Justice John Roberts traditionally announces the last day of the term from the bench, the announcement indicates the Friday opinions won’t be the last ones.

In addition to the Trump case, the court will be ruling on abortion, regulatory power and social media in the coming days. Many of those decisions are likely to be deeply divisive, a factor that might be contributing to the delay.

The Trump immunity case, argued on April 25, was the last one the justices heard during the term. The court rebuffed Special Counsel Jack Smith’s requests for a faster schedule, making it unlikely the former president will go on trial before the November election.

The court heard arguments in only 61 cases this term — close to a modern low — but entered June with more than half of those cases yet to be decided. The court still has 14 cases to resolve, though overlapping topics mean the justices may issue as few as 12 rulings.

The court rarely extends its term into the week containing the Fourth of July holiday. The court issued its last opinions on June 30 in each of the last two years.

Army Admits Link Between COVID Vaccine and Soldier’s Heart Condition.

Investigative reporter Catherine Herridge is back. She’s on her own without any strings attached to biased MSM networks.

Herridge’s first report focuses on the military’s mandatory COVID vaccine, which led to at least one soldier’s heart condition.

Army Specialist Karoline Stancik suffered a heart attack right after she had the Moderna vaccine. She had pacemaker surgery earlier this month.

Stancik has had to take 27 medications a day since the first heart attack.

“I was left behind and trampled,” Stancik told Herridge.

Stancik never had a heart condition before the vaccine, noting that she could run 10 miles at one time and play basketball. Now she has trouble just standing up.

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After 82 Years, a Hero’s Remains Are Coming Home

World War II was one of history’s deadliest conflicts. The Pacific theater of that conflict was particularly nasty; my mother’s oldest brother served as a Marine in that theater and harbored bad feelings towards Japan for the rest of his life, despite that nation’s dramatic post-war changes. And in that theater, one of the greatest war crimes was the Bataan Death March.

In that event, roughly 76,000 prisoners of war, 10,000 of them Americans, the balance Filipinos, were force-marched from the tip of the Bataan Peninsula to a town called San Fernando, where they were crammed in rail cars and taken to Capas, where they were forced to walk another seven miles to the former training base, Camp O’Donnell, where they were held prisoner. Only 54,000 of the original 76,000 survived the march; captives were beaten, shot, bayoneted, and beheaded en route if they faltered or fell. After reaching Camp O’Donnell and until the end of the war, 26,000 more Filipinos and 1,500 Americans died while being held as POWs by the Japanese. Many of those who died were buried in mass graves, and since the end of the war, the United States has been making efforts to identify remains and bring them home for burial.

Today we learn that the remains of one more American serviceman are, after 82 years, coming home.

A 20-year-old soldier from Louisiana who died as a prisoner of war during World War II has been accounted for, the Defense POW/MIA Accounting Agency (DPAA) said Monday.

U.S. Army Pfc. Joseph C. Murphy was serving in the 31st Infantry Regiment in the Philippines in 1942. While he was serving, Japanese forces invaded the Philippine Islands, sparking months of intense fighting in the region. During this time, thousands of U.S. and Filipino service members were captured as prisoners of war.

Murphy was among those reported captured when U.S. soldiers in the Bataan peninsula surrendered to Japanese forces, the DPAA said, and was one of tens of thousands of POWs subjected to the Bataan Death March in the spring of 1942. After the 65-mile trek, Murphy and other soldiers were held at the Cabanatuan POW Camp #1.

Murphy’s remains were identified after an effort began in 2019 to use DNA as well as dental records and other anthropological data to identify the remains.

It’s to the credit of the DPAA that, after over eight decades, this effort is still ongoing and they are still bringing our men home. It’s a painstaking process; of that we can have no doubt, but it’s worth doing, even at this distance in time. Not only does it show respect for our fallen from that conflict, but it serves as reassurance to today’s soldiers, airmen, sailors, and Marines that if you fall in a foreign land, America will spare no effort to bring your remains back.

Now that he has been accounted for, a rosette will be placed besides Murphy’s name on the Walls of the Missing at the Manila American Cemetery and Memorial. He will be buried in his Louisiana hometown in early August.

This is the proper form. Thousands of Americans fell in the Bataan Death March and the subsequent imprisonment. The legitimate roles of our federal government are few, but expending some resources to identify those who have fallen defending our nation and our constitution is a worthwhile effort, and we can hope that Pfc. Murphy’s family, at long last, has some closure.

DOJ Asks Supreme Court to Resolve Question of Gun Rights for Felons

Fresh off its victory in Rahimi, the Department of Justice (DOJ) is asking the Supreme Court to clarify who it can disarm under the Second Amendment.

US Solicitor General Elizabeth Prelogar filed a supplemental brief with the High Court on Monday to request that the Justices make the federal felony gun ban their next Second Amendment priority. Specifically, the brief asked for review in five separate appellate court cases dealing with the federal gun ban for felonies of varying severity. She argued such a move was necessary because the Court failed to address the issue in its latest Second Amendment decision.

“Now that the Court has decided Rahimi, we believe that it should grant plenary review to resolve Section 922(g)(1) ‘s constitutionality,” the brief reads. “Although this Court’s decision in Rahimi corrects some of the methodological errors made by courts that have held Section 922(g)(1) invalid, it is unlikely to fully resolve the existing conflict.”

The DOJ’s brief is the earliest indication of the legal fallout from the Court’s decision in US v. Rahimi, which upheld the domestic violence restraining order gun ban. It suggests that the federal government is unsatisfied with the Court’s narrow ruling in that case. It is seeking further guidance from the Court that will help lower courts evaluate the extent to which certain felons retain gun rights, something federal circuit courts have been divided over since Bruen.

Instead of providing a sweeping re-evaluation of Bruen, the majority stuck closely to the specific contours of the case against defendant Zachary Rahimi.

“When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may—consistent with the Second Amendment—be banned from possessing firearms while the order is in effect,” Chief Justice John Roberts wrote in US v. Rahimi. “Since the founding, our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms. As applied to the facts of this case, Section 922(g)(8) fits comfortably within this tradition.”

DOJ’s request comes as the High Court considers which of its pending Second Amendment case petitions to grant. The brief’s request for expeditious review could sway the Justices to defer to the federal government’s wishes, as it has often done in past cases.

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