The Courts Have Shown Too Much Deference to Unaccountable Government Officials

MSLF attorney David McDonald explains at National Review Online how the legal system places far too much trust in unaccountable bureaucrats and why that may be about to change:

The Ninth Circuit isn’t known for sound constitutional jurisprudence. But a unanimous opinion issued by a three-judge panel last month might just be a new low for the country’s largest — and most controversial — appeals court.

The case in question, Jessop v. City of Fresno, concerns the alleged theft of $276,000 by City of Fresno police officers while carrying out a raid in search of illegal gambling machines. Pursuant to a warrant authorizing the officers to seize any such machines, as well as any money connected to the sale or control of them, the officers officially seized approximately $50,000.

In reality, according to appellants Micah Jessop and Brittan Ashjian, the officers stole an additional $276,000 in cash and rare coins for themselves. Jessop and Ashjian sued the officers for violating their right not to face unreasonable searches and seizures under the Fourth Amendment and their right to due process of the law under the Fourteenth Amendment. They hoped to find justice, but they were in for a rude awakening.

Read the full article at National Review Online.

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MSLF attorney Cody Wisniewski writes today for National Review: Most likely, city officials realize that they can’t win at the Supreme Court and are trying to preemptively cut their losses before they set “bad precedent” for the gun control movement across the nation. Given the Supreme Court’s nearly decade-long silence on the topic, this case…

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