SCOTUS Gun Watch – Week of 11/16/20

This week’s order list contains a denial of cert in Caldara, but no action on Caniglia, which likely means the Court is going to relist the latter for another conference soon. (Relisted cases generally have a higher chance of receiving Supreme Court review.) Although it’s a Fourth Amendment case, guns are the object at issue, and the case may test whether and how guns influence the doctrinal calculus in other areas of law (see, e.g., New York v. Quarles in the Fifth Amendment context). Assuming Caniglia returns for this Friday’s conference, it will see another gun case there: Hobbs.

I also added a new case that was just recently docketed—E.H. v. Florida Dept. of Ag. & Consumer Servs. The petition is pro se and raises a Full Faith & Credit challenge to Florida’s purported refusal to recognize a New Jersey order expunging the petitioner’s mental health commitment that would otherwise bar him from firearm possession.