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Good morning. Today the 9th Circuit will reconsider a first-of-its-kind law requiring background checks to buy ammunition. Plus, the U.S. Supreme Court will announce opinions and hear oral arguments; the 3rd Circuit will weigh a New Jersey telehealth law; and facing DEI pressures, some law firms shield data in the latest diversity survey. A heat wave in Colorado has people skiing in bikinis.⛷️We made it to Wednesday, it's all downhill from here. |
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9th Circuit to hear challenge to California ammunition background checks law |
The 9th Circuit will reconsider California's first-of-its-kind law requiring firearm owners to undergo background checks to buy ammunition. Here's what to know: |
- A 2-1 panel previously held that the law was unconstitutional. 9th Circuit Judge Sandra Ikuta said the law "meaningfully constrains" people's right to keep and bear arms. Read that ruling here.
- Ikura also said California failed to show the law was consistent with the country's historical tradition of firearm regulation as required under a 2022 landmark U.S. Supreme Court decision, New York State Rifle and Pistol Association v. Bruen.
- The lead plaintiff in the case is Kim Rhode, who has won Olympic medals for trap and skeet shooting.
- Voters in 2016 had approved a California ballot measure requiring gun owners to undergo initial background checks to buy ammunition, and also required them to purchase four-year ammunition permits. Legislators later amended the measure to require background checks for each ammunition purchase.
- California officials requested an en banc rehearing of the case which will happen today before an 11-judge panel in Pasadena.
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- SCOTUS: The U.S. Supreme Court will announce opinions in pending, argued cases. The court will also hear arguments in Flower Foods, Inc. v. Brock, a case where the justices will consider an arbitration exemption for "last-mile" delivery drivers.
- Health: The 3rd Circuit will weigh a case claiming New Jersey's requirement that out-of-state physicians hold a state license for telehealth is unconstitutional. The lower court upheld the licensing law.
- Judiciary: The U.S. Senate Judiciary Committee is slated to hear from four of President Trump's latest nominees to become federal judges including a White House lawyer Kara Westercamp, tapped for the U.S. Court of International Trade. The panel will also hear from Katie Lane, a lawyer at the RNC nominated to serve as a district court judge in Montana; Nelson Mullins partner Sheria Clarke, who is up for a district court judgeship in South Carolina; and federal prosecutor Evan Rikhye, who would if confirmed serve a 10-year term on the U.S. District Court for the District of the Virgin Islands.
- Finance: The Financial Stability Oversight Council will convene for a meeting. The open session agenda includes an update on bank supervision and regulatory reforms and proposed interpretative guidance on designating nonbank financial companies. There will be a livestream here.
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Court calendars are subject to last-minute docket changes. |
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- Akin tapped Marcus Childress, a senior adviser to U.S. Rep. Jamie Raskin, the ranking member of the House Judiciary Committee, as special counsel and co-leader of its congressional investigations practice. Read more here.
- The federal court system's governing body rejected a new bid from Federal Circuit Judge Pauline Newman, who at 98 years old is the oldest active federal judge, to overturn her ongoing suspension from the court.
- A Florida International University law student and former Miami Republican Party official has sued to stop the university from investigating his involvement in a group chat with fellow conservative students that was rife with racist and offensive language. Read more here.
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"Could you say that someone arrives in the United States if they're at a portion of the border that does not have a port of entry? Like, what is it, if it's not crossing the physical border? What is the magic thing, or the dispositive thing, that we're looking for where we say, 'Ah, now that person, we can say, arrives in the United States'?" |
—U.S. Supreme Court Justice Amy Coney Barrett during oral arguments on Tuesday. The justices appeared to lean toward the Trump administration in its defense of the government's authority to turn away asylum seekers when officials deem U.S.-Mexico border crossings too overburdened to handle additional claims. Read more about the oral arguments here. |
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That's how many fewer lawyers are included in NALP's annual law firms diversity report after 47 firms declined to participate this year. Read more here. |
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- Immigration: A Venezuelan man who said he was wrongfully identified as a gang member and sent to a notorious El Salvador prison in violation of a court order has sued the United States government for at least $1.3 million in damages. Read the complaint.
- Government: U.S. District Judge F. Dennis Saylor IV in Boston extended a looming deadline for public universities in 17 states to turn over data sought by the Trump administration so it can determine if they no longer consider race as an admissions factor.
- Government: Minnesota sued the federal government seeking access to evidence in the fatal shootings by federal officers of Renee Good and Alex Pretti and a shooting that injured another man during an immigration enforcement surge in the state. Read the complaint.
- IP: Music publishers Universal Music Group, Concord and ABKCO have asked a judge in California to rule that U.S. copyright law does not insulate AI startup Anthropic from liability for copying their song lyrics to train its AI-powered chatbot Claude. The request tees up a critical question in the legal battle between creators and tech companies: Does the doctrine of "fair use" apply to the copying of millions of copyrighted works to train AI models? Read the filing here.
- Antitrust: Four skiers have filed a proposed class action against Vail Resorts and Alterra Mountain Company in federal court, accusing the companies of exploiting their grip on the industry to artificially inflate the cost of skiing and snowboarding across the country. Read the complaint.
- IP: Construction equipment company Caterpillar escalated its legal battle with rival Doosan Bobcat in Texas federal court, filing a countersuit accusing Bobcat of infringing several patents related to improving earthmoving machinery. Read more here.
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The $100,000 question. Herbert Smith Freehills' Matthew Dunn, Melissa Drennan and Tatiana Kashuta on navigating the new H-1B lottery system. Read today's Attorney Analysis. |
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