Article III Standing, Ringless Voicemail, and Your Guns.
Lots of good things happening
the high council discussed Custody (Revolution Radio)
What is parens patriae
The latest parens patriae cases
Kelsey Carpenter gave birth to a baby girl at home, alone, after deciding that she would not risk having her child removed from her custody as had happened with her two older children when they tested positive for drugs after being delivered at the hospital. She again used drugs during her pregnancy. After Carpenter’s daughter was born, the baby struggled to breathe, and Carpenter attempted to provide her with CPR. Carpenter also cut the baby’s umbilical cord but did not clamp it, and the umbilical stump continued to bleed. Carpenter bathed, diapered, clothed, and attempted to breastfeed the baby before seemingly passing out. When she woke up, her newborn daughter was dead.
https://law.justia.com/cases/california/court-of-appeal/2023/d081640.html
Doe is a transgender male who was born female. He had breast-removal surgery but no other gender-altering procedure. Doe’s partner is A.B., the mother of R.M. and four other children. Starke County Detective Gray, and Purtee, a family case manager with the Indiana Department of Child Services, met with 17-year-old R.M. to investigate allegations that Doe and A.B. had abandoned him. Ultimately, Doe and A.B. were arrested for neglect of a dependent and nonsupport of a dependent child. During subsequent interviews and proceedings, it was divulged that Doe was born female.
https://law.justia.com/cases/federal/appellate-courts/ca7/22-1501/22-1501-2023-07-28.html
The Jefferson Parish School Board (JPSB) separately suspended two students for individually having a BB gun visible during virtual school. Each student’s family sued the school board, in part seeking a declaration that the school board’s virtual learning disciplinary policy is unconstitutional. Louisiana intervened, agreeing with the families on the constitutionality of JPSB’s policy and separately challenging JPSB’s disciplinary actions as ultra vires. JPSB settled with the families, ending the private suits. Louisiana wants to continue the case, citing its broad interest in compliance with its laws. The question before us is whether Louisiana has standing to do so.
https://law.justia.com/cases/federal/appellate-courts/ca5/22-30143/22-30143-2023-07-25.html
Plaintiff was repeatedly tased while he was a pretrial detainee at the McLennan County jail in Waco, Texas. Plaintiff insists that he did nothing to warrant the use of force—that he was neither threatening nor resisting the officer who tased him. The principal question on appeal is whether Plaintiff has presented sufficient evidence to defeat summary judgment on his ensuing civil rights claims.
https://law.justia.com/cases/federal/appellate-courts/ca5/20-50945/20-50945-2023-07-24.html
Let’s turn to standing
The Misunderstanding of… Standing
Without getting into the specific legalese, Federal courts can only hear cases in certain circumstances. “Standing” refers to the legal requirement that an individual must have a sufficient connection to a case to participate in it. In the context of the ARM industry, Article III standing ensures that the parties involved have a legitimate interest and a stake in the outcome of their FDCPA or FCRA case and that the Federal court can hear that particular case.
https://www.insidearm.com/news/00049266-misunderstanding-standing/
Hour 2
6th Cir. Holds Single Ringless Voicemail Enough for Article III Standing in TCPA Case
(starts at 3 minutes)
The defendant here argued that an intrusion upon seclusion occurs only when a person’s “peace and quiet” is disturbed by an audible sound like a ringing phone, or when a person’s attention is otherwise taken away from what they are doing. However, the Sixth Circuit disagreed and noted that the inquiry of the injury is limited to whether the plaintiff’s claimed injury is similar in kind to one recognized at common law. Moreover, the Sixth Circuit held the plaintiff alleged an intangible harm that bore a sufficiently close relationship to the traditional common law tort of intrusion upon seclusion.
https://www.insidearm.com/news/00049274-6th-cir-holds-single-ringless-voicemail-e/
The above article was from the excellent site:
https://consumerfsblog.com/2023/07/6th-cir-holds-single-ringless-voicemail-enough-for-article-iii-standing-in-tcpa-case/
I felt it best to expose you to both sources.
Chevron Deference and the BATF
Washington Gun Law President, William Kirk, discusses the case of Loper Bright Enterprises, a case which is challenging the Constitutionality of the Chevron Deference Doctrine, which has allowed administrative agencies, ATF included, to run rough shot over the American public for years. This doctrine has literally allowed executive agencies the opportunity to be the judge, jury and executioner all in one. ATF has used this to our detriment on so many occasions, that the Gun Owners of America have filed an amicus brief calling for the Court to find the doctrine an unconstitutional violation of the separation of powers doctrine. Learn what all of this means to you and arm yourself with education today. Read GOA’s Amicus Brief here
https://www.supremecourt.gov/DocketPD…
Show GOA Some Love. If you want to show the Gun Owner’s of America some love, visit them right here. https://www.gunowners.org/
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