SCOTUS Gun Watch – Week of 11/2/20
With Justice Barrett sworn in, the Court is operating at full strength once again. But the notation from this morning’s order list confirms that things are not yet fully settled: “Justice Barrett took no part in the consideration or decision of the motions or petitions appearing on this Order List.”
There are a few cases pending now that address gun laws, but the cleanest and clearest Second Amendment challenge is the Torres case. It’s one that might appeal to Justice Barrett given her dissent in Kanter, but so far the other justices have not been especially open to challenges to person-based firearm prohibitions. If the Court declines Torres and the other petitions below, there are several cases bubbling up from the courts below that could give an eager Court a chance to weigh back in on the Second Amendment.
| Case | Ct. Below | Pet. Filed | Implicated Law/Issue | Status |
| Rodriguez v. San Jose
(19-1057) |
9th Cir. | 21-Feb-20 | Warrantless search and seizure of firearms under Second & Fourth Amendments | Cert Denied |
| Johnson v. United States
(19-1390) |
4th. Cir. | 12-Jun-20 | Vagueness challenge to the Armed Career Criminal Act’s elements clause | Cert Denied |
| Zoie H. v Nebraska
(19-1418) |
Neb. Sup. Ct. | 22-June-20
|
Second and Sixth Amendment challenge to jury-less conviction that can result in gun disqualifer for juveniles | Cert Denied |
| Caniglia v. Strom
(20-157) |
1st Cir. | 10-Aug-20 | Fourth Amendment challenge to gun removal | reply due @ 28-Oct-20 |
| Hobbs v. United States
(20-171) |
6th Cir. | 13-Aug-20 | Guilty plea under 922(g) without knowledge of disqualifying status
|
reply due @ 30-Oct-20 |
| Torres v. United States
(20-5579) |
9th Cir. | 27-Aug-20 | As-applied challenge to 922(g)(1) | response due 6-Nov-20 |
| Caldara v. City of Boulder
(20-416) |
10th Cir. | 24-Sep-20 | Federal court abstention over Second Amendment claims being adjudicated in state court | distributed for 13-Nov-20 conference |
| United States v. Gary
(20-444) |
4th Cir. | 5-Oct-20 | Guilty plea under 922(g) without being informed that knowledge is an element of the offense
(Govt is petitioner) |
response due 8-Dec-20 |
| Porter v. United States
(20-522) |
6th Cir. | 16-Oct-20 | Challenge to ACCA enhancement | Gov’t waived right to respond |
| Yoo v. United States
(20-550) |
5th Cir. | 21-Oct-20 | Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer) | response due 27-Nov-20 |