Elston Bone v. Massachusetts, et al.

Does the Federal District Court have subject matter jurisdiction, over a Plaintiff who brings a 42 U.S.C. section 1983 action, and presents an independent claim challenging the constitutionality a statute or rule governing the decision under which he was convicted in state court; the two step framework of History and Intermediate Scrutiny. The same two step framework of History and Intermediate Scrutiny the United States Supreme Court struck down as unconstitutional in New York Rifle and Pistol Association v Bruen 597 U.S. 1 (2022), even though the same question was earlier aired in state court.