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Reason
Reason
Josh Blackman

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

For more than a decade, I have proudly represented Defense Distributed in a wide range of matters. Most of these cases have ended in defeat. Yet, I do not feel defeated. In case after case, courts have recharacterized our complaints, distorted the usual rules about venue, refused to rule on issues that were plainly presented, and other shenanigans. In 2020, I wrote about early chapters of the litigation. And one day, I may write a book about this never-ending saga. For now, it is enough to say that Bondi v. VanDerStock is the latest chapter in this book. But wait--no such book about this case actually exists. And artifact nouns be damned, no firearms exist in this case either.

Reading this decision was a frustrating experience. I am intimately familiar with how this case was litigated since the outset. Yet, the Court's approach to the case was completely foreign--so foreign, in fact that it would be unrecognizable to the lawyers and judges who adjudicated the case below.  

I echo Steve Halbrook's post:

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