Summaries of leading Supreme Court rulings
Lawyer Blogs
Brief summaries of the rulings from the leading cases before the Supreme Court in its just-ended term:
GUN BAN
Ruled that Americans have a right to own guns for self-defense and hunting. It was the justices' first major pronouncement on gun rights in history. The 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact. Within two days, lawsuit were filed in San Francisco and Chicago challenging similar handgun bans.
The court had not conclusively interpreted the amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Writing for the majority, Justice Antonin Scalia said an individual right to bear arms is supported by "the historical narrative" both before and after the amendment was adopted. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns. Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas.
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Supreme Court asserts broad gun rights
Lawyer Blogs 06/26/2008Americans have an individual right to possess and use firearms, even when the guns are not related to service in a government militia. In a historic ruling, the US Supreme Court on Thursday declared 5 to 4 that the Second Amendment's guarantee of a r...
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Court rejects death penalty for raping children
Lawyer Blogs 06/25/2008The Supreme Court on Wednesday outlawed executions of people convicted of raping a child.In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punis...
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Court to rule in Tenn. inmate's appeal
Lawyer Blogs 06/24/2008The U.S. Supreme Court agreed Monday to consider whether poor death row inmates seeking mercy from state officials have a right to lawyers paid for by federal taxpayers.The justices will likely hear oral arguments around the end of the year in the ca...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.