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SCOTUS Gun Watch – Week of 8/17/20

By on August 17, 2020 Categories: ,

With the Supreme Court in summer recess for another month and a half, more gun cases are piling up for the Court’s discussion at its Long Conference in September. Since the Court denied all the pending Second Amendment cert petitions last Term, a gun case that’s not squarely a Second Amendment challenge—like many of those below—may be the best shot for new firearms law in the near term. (Unless, of course, the recent large-capacity-magazine case making waves in the Ninth Circuit makes its way to SCOTUS this year.)

Case Ct. Below Pet. Filed Implicated Law/Issue Status
Rodriguez v. San Jose 9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Second & Fourth Amendments distributed for 29-Sept-20 conf.
Johnson v. United States 4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause distributed for 29-Sept-20 conf.
Zoie v Nebraska Neb. Sup. Ct. 22-June-20

 

Second and Sixth Amendment challenge to jury-less conviction that can result in gun disqualifer for juveniles response filed
Caniglia v. Strom 1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal response due 14-Sep-20