SCOTUS Gun Watch – Week of 9/21/20

  • Date:
  • September 21, 2020

Next week, the Supreme Court begins its work of the new Term one member short. Justice Ginsburg’s death leaves the Court with 8 justices as it considers the cert petitions that have accumulated over the summer recess at its Tuesday conference. What happens with that open seat—and when it gets filled—may have an immense impact on the future of constitutional law, including on the shape of the Second Amendment. For now, the cases below are the major gun cases we’re tracking at the Supreme Court.

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 H. 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 distributed for 29-Sept-20 conf.
Caniglia v. Strom 1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal response due 14-Oct-20
Hobbs v. United States 6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status response due 16-Oct-20