Federal Appeals Court Affirms Right To Flip Cops The Bird

Federal Court Says It’s 100% Legal To Give Cops The Finger

 

 

 

 

” The 14-page opinion issued by the the U.S. Court of Appeals for the 2nd Circuit ruled that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

  The ruling comes in response to a case where John Swartz and his wife Judy Mayton-Swartz were forced to bring suit against two police officers who arrested Swartz back in May of 2006. The arrest was made simply as a result of John Swartz flipping off the officer who was using a radar device at an intersection in St. Johnsville, New York.

  Swartz was charged with “disorderly conduct,” the common way that officers charge people when they have not committed any crime. “

 

Countercurrent News

 

 

 

 

 

 

 

 

 

 

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Appeals Court Declines To Hear Kamala Harris’ Bid To Overturn “Shall-Issue” Ruling

More Californians May Carry Concealed Guns After Ruling

 

 

 

” A ruling with the potential to expand the number of Californians permitted to carry hidden, loaded guns in public to almost 2 million won’t be reheard by an appeals court as the state’s attorney general requested.

  A panel of the U.S. Court of Appeals voted 2-1 Wednesday to deny a bid by California Attorney General Kamala Harris, a gun control organization and two police lobbying groups to challenge the court’s February ruling that any responsible, law-abiding citizen is entitled under the U.S. Constitution’s Second Amendment to possess a concealed firearm in public for self- defense. Harris may appeal the decision. Her spokesman, David Beltran, said the office is reviewing it.

  The panel ruled in February that San Diego County’s process for determining who qualifies for a permit to carry a concealed weapon violates the right to bear arms. California’s concealed- carry laws are among the most stringent in the U.S.

  The case was brought by freelance videographer Edward Peruta, who sued after his application to carry a concealed Colt 1911 .45 caliber pistol as he traveled through high-crime neighborhoods was denied by the sheriff in San Diego County.

  Experts have said that allowing the February ruling to stand may increase the number of people with concealed guns to as much as 5 percent of the general population in California. That would equal 1.9 million of the most populous U.S. state’s 38 million residents.

  If the ruling is appealed to the U.S. Supreme Court, it could put the scope of the right to bear arms back in front of the high court justices, six years after they struck down a District of Columbia law that banned handguns in the home.

  The San Francisco appeals court’s ruling is squarely at odds with those by appeals courts in New York, Philadelphia and Richmond, Virginia, that have upheld discretionary permitting. By deepening a split among regional appeals courts, a ruling in favor of Peruta increases the likelihood that the high court will take up the issue to resolve the difference of opinion. “

 

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HT/Instapundit

 

 

 

 

 

 

 

 

 

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Roberts Court To Review Lower Court “Recess” Appointments Ruling

High Court To Hear Obama Recess Appointments Case

 

 

” The Supreme Court on Monday waded into a major constitutional clash between President Barack Obama and congressional Republicans that could fundamentally limit a president’s use of recess appointments to fill high-level administration posts.

The justices will review a federal appeals court ruling that found Obama overstepped his authority when he bypassed the Senate last year to fill three vacancies on the National Labor Relations Board.

At issue for the Supreme Court: What constitutes a congressional recess and does it matter when a vacancy occurs?

A three-judge panel of the U.S. Court of Appeals in Washington, D.C., held earlier this year that recess appointments can be made only during the once-a-year break between sessions of Congress. Two judges on the panel also ruled — for the first time — that a vacancy must occur while the Senate is away in order to be filled during the same break.”

 

 

 

Illustration by The Looking Spoon

 

 

 

 

 

 

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