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  • The Arms Trade Treaty and the Second Amendment: Encouraging Executive Actions

    On February 26, the American Bar Association’s Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we are … More

    The Arms Trade Treaty and the Second Amendment: Answering the American Bar Association

    On February 26, the American Bar Association’s Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we will … More

    The So-Called Gun Show Loophole: Lies, Damned Lies, and Statistics

    There is a lot of misinformation circulating about background checks for gun ownership. Under the Brady Handgun Violence Prevention Act—which created the National Instant Criminal Background Check System (NICS)—all federal firearms licensees are required to conduct a background check for all firearms transactions, even if they sell the firearm at … More

    Court Rebukes Obama Administration’s “Trust Us” Revision of the HHS Mandate

    The influential D.C. Circuit Court of Appeals has issued a short procedural order rebuking the Obama Administration in a lawsuit that was filed by Wheaton College and Belmont Abbey College. The two religiously affiliated organizations had challenged the Department of Health and Human Services’ (HHS) anti-conscience mandate that requires them … More

    Supreme Court to Hear Defense of Marriage Act Challenges: Legal Analysis

    It’s official: The Supreme Court announced today that it will take up the Defense of Marriage Act (DOMA) this term. This was hardly unexpected. As we previously noted, the High Court was almost certain to hear one or more of these cases after two federal circuit courts struck down DOMA … More

    Some Obamacare Legal Challenges Are Alive and Well

    On Monday, the U.S. Supreme Court, in granting a petition for rehearing in Liberty University v. Geitner, vacated the U.S. Fourth Circuit’s prior dismissal of Liberty’s challenge to Obamacare and directed the Fourth Circuit to reconsider its decision in light of the Supreme Court’s recent decision in NFIB v. Sebelius … More

    Fast and Furious: Where Was the Leadership at the Department of Justice?

    On Monday, Representative Darrell Issa (R–CA) and Senator Charles Grassley (R–IA) released Part II of their promised three-part report titled Fast and Furious: The Anatomy of a Failed Operation. As described in a Heritage Legal Memorandum, Part I focused on the involvement of the Bureau of Alcohol, Tobacco, Firearms and … More

    Second Circuit Strikes Down Defense of Marriage Act

    On Thursday, a three-judge panel of the U.S. Court of Appeals for the Second Circuit was the latest to issue a ruling on the constitutionality of the Defense of Marriage Act (DOMA). Over a strong dissent by one of the judges, it ruled that section 3 violates equal protection and … More

    DOJ's Startling Argument Seeking Dismissal of Fast and Furious Lawsuit

    On Monday night, the Department of Justice (DOJ) filed a brief asking a federal court to dismiss the lawsuit the House of Representatives filed challenging the President’s invocation of executive privilege in the Operation Fast and Furious case. The House suit seeks to force the Administration to release documents that … More

    A Debate on Religious Liberty in America (VIDEO)

    Religious freedom is one of the core principles on which America’s system of government is founded, with a historical groundwork that predates the Declaration of Independence and the U.S. Constitution. The First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting … More