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Courts and Congress
Independence Institute amicus brief in Florida v. HHS, before the US Supreme Court. Argues that the Obamacare Medicaid mandate (states must drastically expand Medicaid eligibility, or lose all federal matching funds for Medicaid) violates the Constitution.
Kopel testified on Nov. 17 before the U.S. Senate subcommittee on Crime and Terrorism regarding S. 463, Senator Schumer's bill to vastly expand the number of people prohibited from owning or temporarily possessing a firearm. 29-page written testimony. Video of subcommittee hearing. Kopel's 5 minute prepared remarks begin at 72:41. At 103:40, there is a Q&A with Senator Grassley, with leads to follow-up questions with Senator Schumer, in which Kopel explains to Schumer what the Schumer bill actually does. Kopel discusses the bill on NRA News. Media coverage: NPR, ABC, Governing, Albany Times Union.
Amicus brief in People v. Aguilar, currently before the Supreme Court of Illinois. Professors Michael O'Shea, Nicholas Johnson, and Kopel argue that Illinois's complete prohibition of defensive carry in public places violates the Second Amendment.
Kopel testified on Sept. 13 before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. Kopel's 24-page written testimony. Video of the subcommittee hearing. Cato Institute podcast with Kopel on the issue.
Amicus brief for the Independence Institute in Kerr v. Hickenlooper (D. Colo.). Rebuts plaintiffs' claim that direct democracy, such as referenda and initiatives, is contrary to the Republican Form of Government clause of the U.S. Constitution. Podcast by II Senior Fellow Rob Natelson on the brief.
Latest short articles and commentary
Will gun owners get caught sleeping? Polling data from the past half-century show tremendous progress in public support for Second Amendment rights. But those gains could be reversed if Second Amendment supporters become apathetic. America's 1st Freedom. Dec. 2011.
Is Heller Hollow? Explains the court battle over 2d Amendment standard of review. America's 1st Freedom. Nov. 2011.
Mexico Comes Knocking. A seemingly ridiculous plan by the Mexican government to sue u.s. gunmakers for drug-cartel violence south of the border could spell doom for America’s firearm industry. America's 1st Freedom. Oct. 2011.
What Should the Supreme Court do with the Obamacare Case? Scotusblog. Oct. 3, 2011.
Podcasts & Video
Colorado Inside Out. Jan. 13, 2012. Governor Hickenlooper's State of the State speech, the Colorado Legislature, and the New Hampshire Primary. Postgame: Fostering entrepreneurship in Colorado.
Colorado Inside Out. Dec. 30, 2011. Predictions for the next year. Postgame: More predictions.
Colorado Inside Out. Dec. 23, 2011. The year in review. Postgame: Favorite new stories of 2011.
Colorado Inside Out. Dec. 16, 2011. Lobato vs. State of Colorado, Legislative maps, and the State Board of Ed.'s privacy rule rescinded. Postgame: More on the Lobato school funding case.
Colorado Inside Out. Dec. 9, 2011. Congressional map controversy, Joe Miklosi and the 6th CD, Denver Police Dept. text messages, and a potential space port. Postgame: More on congressional maps.
Weblog
Kopel's blogging on Volokh.com.
International
Республиканские праймери в штате Флорида. Florida primary. 27.1.2012.
Latest Monographs and Journal articles
Obamacare in Wonderland. (Boston University) American Journal of Law & Medicine (forthcoming 2012). With Gary Lawson.
How the British Gun Control Program Precipitated the American Revolution. Charleston Law Review (forthcoming, 2012).
Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate. 121 Yale Law Journal Online 267 (2011). With Gary Lawson. PDF.
“Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law. 12 Engage (no. 1, June 2011): 49-54. With Robert G. Natelson.
Commerce in the Commerce Clause: A Response to Jack Balkin. 109 Michigan Law Review First Impressions 55 (2010). With Robert G. Natelson.
How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty. 5 NYU Journal of Law & Liberty (forthcoming, 2010). With Paul Gallant & Joanne D. Eisen.
Media quotes and cites
Wayne Laugesen, Bad sheriff hated gun rights, Colorado Springs Gazette, Dec. 07. David Codrea, Sheriff’s arrest shows need is for self control, not control of others, Gun Rights Examiner, Dec. 1. Obamacare Judges Must Answer The "Broccoli Question," Forbes, Nov. 18. NRA's 'Fire Holder' Campaign Motivated by Second Amendment Concerns, Main Justice, Nov. 9, 2011. Nationwide CCW reciprocity bill in Congress, Reno Examiner. Michael Moore's insufferable occupation, by Jay Ambrose, Scripps News, Nov. 9. Supremes About to Decide Which Obamacare Cases Make the Cut, by David Catron, American Spectator, Nov. 9. The Constitutionality of the Affordable Care Act. Wall Street Journal Ideas Market blog. Oct 3.
The rest of Kopel's website
Newspaper and magazine articles
Books, law review articles, other scholarly publications
Kopel website subject areas
Right to Arms: USA
Right to Arms: International
Favorite links.
Archive of Kopel's blogging
2011, Sept.-Oct.
2011, July-Aug.
2011, May-June.
2011, Mar.-Apr.
2011, Jan.-Feb.
2010, Nov.-Dec.
2010, Sept.-Oct.
2010, July-Aug.
2010, April-June.
2010, Jan.-Mar.
2009, Oct.-Dec.
2009, July-Sept.
2009, Apr.-June
2009, Jan.-Mar.
2008, Oct.-Dec.
2008, July-Sept.
2008, Apr.-June
2008, Jan.-Mar.
2007, Aug.-Dec.
2007, Jan.-July
2006, Oct. 3- Dec. 31.
2006, Jan. 1- Oct. 2.
Kopel in other languages:
Pусский/Russian
繁體中文/Chinese.
日本語/Japanese
Blogroll:
Kopel-related
The Volokh Conspiracy (most of the entries on Kopel's Corner were originally published here.)
Favorites
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