Legal Opinion

BANE v. SOLOMAN

District Court, E.D. Pennsylvania

Decided August 8, 2025No. 2:24-cv-06159Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL L. BANE, CIVIL ACTION Plaintiff, NO. 24-6159-KSM v. SCOTT BESSENT, in his official capacity as Secretary of the United States Treasury, et al., Defendants. MEMORANDUM Marston, J. August 8, 2025 Constitutional challenges to criminal statutes must be brought against government officials, not private parties. Here, Plaintiff Michael Bane, an Internal Revenue Service (“IRS”) employee, wants to bring his firearm into work, but federal law makes it a crime for him to do so. He thus brought a lawsuit to challenge…

2Cases cited14 opinions

  1. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  2. Kelley Mala v. Crown Bay MarinaCourt of Appeals for the Third Circuit · 2013
  3. Steven Vogt v. John WetzelCourt of Appeals for the Third Circuit · 2021
  4. Diamond v. CharlesSupreme Court of the United States · 1986
  5. Constitution Party of Pennsylv v. Carol AicheleCourt of Appeals for the Third Circuit · 2014

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