lawrota.com

In the recent legal landscape, the U.S. Supreme Court heard arguments in United States v. Rahimi, a case addressing the constitutionality of federal laws criminalizing firearm possession by individuals with domestic violence restraining orders. Despite the challenges faced by Zackey Rahimi in the Nov. 7 arguments, Judge James Ho from the U.S. Court of Appeals for the Fifth Circuit has emerged as a vocal defender of the Fifth Circuit’s ruling.

While Rahimi’s case is primarily centered on Second Amendment concerns, Ho’s concurrence in a separate case involving Jeffrey Kersee sheds light on his broader commitment to protecting constitutional rights. In the Kersee case, which dealt with supervised release and due process rights, Ho made it clear that violent criminals should be prosecuted but emphasized the importance of preserving the presumption of innocence for citizens.

Drawing parallels between Kersee and Rahimi, Ho highlighted the need for robust procedural safeguards in cases involving the removal of citizens’ rights, especially when based on suspicions of criminal activity. He underscored that the Supreme Court has historically granted relief in cases involving dangerous criminals, prioritizing constitutional protections even when defendants are accused of serious crimes.

Judge Ho’s defiant stance, as reflected in his concurrence, goes beyond a mere Second Amendment defense. He positions the Fifth Circuit’s ruling as a crucial criminal procedure safeguard rather than a direct challenge to the Second Amendment. As the legal community awaits the Supreme Court’s decision in Rahimi, Judge Ho’s unwavering commitment to upholding constitutional rights remains a notable aspect of the ongoing legal discourse. credits to: CHRIS GEIDNER

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