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NYC Liberal

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Gender: Male
Hometown: New York
Home country: United States
Member since: Sun Aug 1, 2004, 02:28 PM
Number of posts: 19,690

Journal Archives

Concepcion v. US: Courts can consider intervening changes of law or fact to reduce sentences

Sotomayor, Thomas, Breyer, Kahan, and Gorsuch in the majority.

Kavanaugh dissents, joined by the Chief Justice, Alito and Barrett.


Concepcion is a case about whether, when a court is deciding whether to resentence a defendant under the First Step Act, which gives federal district courts power to resentence offenders in light of changes in the Fair Sentencing Act of 2010, a district court must or may consider intervening developments, or whether such developments only come into play (if at all) after courts conclude that a sentence reduction is appropriate.


The Court holds that the First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.


https://www.scotusblog.com/case-files/cases/concepcion-v-united-states/

Thomas Jefferson on judges

You seem to consider the federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy.

Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control.

The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all departments co-equal and co-sovereign within themselves.


— Letter to William Charles Jarvis (1820)

'Frightful in its scope': Hochul to call special session after SCOTUS gun decision

Source: Yahoo! News

NEW YORK — Gov. Kathy Hochul called a Supreme Court ruling striking down a strict New York gun law “frightful in its scope” on Thursday, as she warned the justices’ decision will “place millions of New Yorkers in harm’s way.”

...

“This decision isn’t just reckless. It’s reprehensible. It’s not what New Yorkers want,” Hochul said at a press conference in her Manhattan office shortly after the decision was handed down. “We do not need people entering our subways, our restaurants, our movie theaters with concealed weapons.”

Hochul said she is meeting with legislative leaders Thursday evening to pick dates for a special session, where the state will define “sensitive locations" where concealed carry can be banned. The session is expected to take place sometime in July, she said.

...

"We are also going to change the permitting process,” she said. “We are also going to create a higher threshold for those who want to receive a concealed carry permit. We are going to require training involved and also that they have specific firearm training, and I believe that we are going to be finding a way to create a system where the default position is for a private business that a concealed carry is not allowed unless they affirmatively offer the right to someone to come in with a concealed carry."


Read more: https://news.yahoo.com/frightful-scope-hochul-call-special-163233378.html

New York Tightens Its Strict Gun Laws in Democratic Show of Force

Source: NY Times

The State Legislature passed a broad package of gun bills that will raise the minimum age to buy a semiautomatic rifle to 21, ban most civilians from purchasing bullet-resistant body vests and revise the state’s so-called red flag laws, making New York the first state to approve legislation following shootings in Buffalo and Texas that left a total of 31 dead.

Lawmakers approved bills to broaden abortion protections and bolster voting rights, using the final hours of the 2022 legislative session to deliver the most robust response yet by a state in the face of federal gridlock.

Faced with a looming Supreme Court decision that could strike down Roe v. Wade, Democratic legislative leaders were fully behind a bill package aimed at protecting abortion service providers from legal or professional backlash, among other things.

Legislators also approved new measures to combat voter suppression under the John R. Lewis Voting Rights Act of New York, invoking the former congressman and civil rights leader in a nod to the voting rights bill that failed to pass in Congress.

Read more: https://www.nytimes.com/2022/06/02/nyregion/guns-abortion-laws-ny.html

Supreme Court denies request to stop Texas 6-week abortion ban, John Roberts and liberals dissenting

Source: CNN

The court's move means that the law -- which is one of the strictest in the nation and bans abortion before many people know they are pregnant -- will remain on the books.

The law allows private citizens to bring civil suits against anyone who assists a pregnant person seeking an abortion in violation of the ban.

This story is breaking and will be updated

Read more: https://www.cnn.com/2021/09/02/politics/texas-abortion-supreme-court-sb8-roe-wade/index.html



This is a formal denial that was just issued.

Manhattan grand jury indicts Trump Organization and CFO Allen Weisselberg, sources say

Source: CNN

A Manhattan grand jury on Wednesday indicted the Trump Organization and its chief financial officer, Allen Weisselberg, according to people familiar with the matter.

The charges, which people familiar with the matter told CNN earlier Wednesday are related to alleged tax crimes in connection with an array of perks and benefits awarded to employees, are expected to be unsealed Thursday. It was not immediately clear how many charges are in the indictments.

Though former President Donald Trump faced multiple federal and state prosecutorial inquiries during his administration, the district attorney's indictment would be the first to charge his namesake company with criminal conduct.

Read more: https://www.cnn.com/2021/06/30/politics/trump-organization-charges/index.html

Supreme Court rules California farms can keep union organizers off private land

Source: LA Times

The Supreme Court on Wednesday struck down part of a historic California law inspired by Cesar Chavez and the farmworkers union, ruling that agricultural landowners and food processors have a right to keep union organizers off their property.

The justices by a 6-3 vote said the state’s “right of access” rule violates property rights protected by the Constitution. It says private property shall not be “taken for public use without just compensation.”

Writing for the majority, Chief Justice John G. Roberts said “the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public.”

The three liberal justices dissented.

Read more: https://www.latimes.com/politics/story/2021-06-23/supreme-court-says-california-farms-can-keep-out-union-organizers

Bragg Holds Lead in Manhattan District Attorney Primary

Alvin Bragg was leading in the Democratic primary for Manhattan district attorney as returns came in Tuesday night, maintaining a steady margin of about four percentage points over Tali Farhadian Weinstein in a race likely to determine who heads the most prominent local prosecutor’s office in the country.

The winner of the primary will be heavily favored to win the general election in November and would lead an office that prosecutes tens of thousands of cases a year and is running a high-profile inquiry into former President Donald J. Trump and his family business.

Mr. Bragg and Ms. Farhadian Weinstein had long been seen as front-runners in the race, and they proved it on Primary Day, beating six other candidates by double-digit margins with nearly all of the in-person returns in on Tuesday night.

A sizable number of absentee ballots — as many as 59,000, according to The Associated Press — had not yet been counted. As of midnight, Mr. Bragg’s lead stood at about 7,000 votes in the only major race on the ballot that did not make use of ranked-choice voting.

https://www.nytimes.com/2021/06/22/nyregion/manhattan-district-attorney.html


The winner is going to take over the Trump investigation.

Alvin Bragg, widely seen as a leading contender in the race, has boasted of having sued the Trump administration more than 100 times while he was in the state attorney general's office, where he was chief deputy. He has also noted that he led the team that sued the Donald J. Trump Foundation, which resulted in Trump personally paying $2 million to an array of charities.

"I've seen him up front and have seen the lawlessness that he can do," Bragg said on the radio show "Ebro in the Morning," in January. "I believe we have to hold him accountable. I haven't seen all the facts beyond the public but I've litigated with him and so I'm prepared to go where the facts take me once I see them, and hold him accountable."

https://www.cnn.com/2021/06/21/politics/manhattan-district-attorney-election-trump/index.html

Dan Rather tweet

https://twitter.com/danrather/status/1372974916690010113

Dan Rather
@DanRather

Tripping while running up the stairs to Air Force One is embarrassing. Tripping while running the response to COVID is deadly. I would argue the latter story should be a bigger headline.

Former Secretary of State George Shultz dead at the age of 100

Source: CNN

Former US Secretary of State George P. Shultz died Saturday at age 100, according to the Hoover Institution at Stanford University where he served for over 30 years.

Shultz held four different federal Cabinet-level positions throughout his long career, one of only two Americans to do so.

Shultz is best known for serving as secretary of state under President Ronald Reagan, and played a key role in diplomatic relations during the Cold War. He also served as secretary of the Department of Treasury, secretary of the Department of Labor and director of the Office of Management and Budget during President Richard Nixon's administration.

He was awarded the Presidential Medal of Freedom in 1989.

Read more: https://www.cnn.com/2021/02/07/politics/george-shultz-former-secretary-of-state-dead/index.html
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