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Supreme Court win on 1st Amendment
NRA v. Vullo, handed down this morning. 9-0, no less!
Not that the good guys are entirely out of the woods -- the Second Circuit had ruled that the suit must be dismissed because (1) there was no First Amendment violation and (2) even if there was the defendant was protected by qualified immunity. The Supreme Court only granted cert. as to (1), and will now remand to the 2nd Circuit, which is free to say, "aha, we rule in NY's favor anyway, on argument (2)!" See slip op. at 7-8, n. 3.
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As Glenn Reynolds points out, there is no statute for qualified immunity thus the judiciary are guilty of legislating and should be impeached and removed from office. Legislating by the judicial branch is "bad" behavior.
How can the government have any kind of immunity in a 1st Amendment case?
I mean, that's what the amendment is all about - restricting the government.
IANAL but doesn't QI only apply to individuals. I don't think an agency has a QI defense. I assume the NRA sued the agency as well.
Given the recent Trump verdict in NY I would not be surprised if something like that happened