SCOTUS Gun Watch – Week of 11/9/20

  • Date:
  • November 09, 2020

According to my review, the Court’s order list today marks the first time Justice Barrett has participated in decisions to grant or deny plenary review in fully briefed cases. (Last week's order list noted that she did not participate in those decisions, and this week's order list has no such notation.) No gun cases were on the agenda at last Friday’s conference, so this order list doesn’t tell us anything about her impact on the gun docket. But this coming Friday the Court will consider two gun cases, with another at the conference the following week. That means that as early as next Monday, we may have an initial view of whether and how Justice Barrett’s presence changes the landscape. To be sure, these two cases are not square Second Amendment challenges, so a denial wouldn’t tell us a whole lot. (A grant, on the other hand, just might.) In any case, now that the Court is again fully staffed, and with a steady stream of gun cases making their way up there, it won’t be long before we can judge the initial impact that a Justice Barrett makes to the future of firearms law and the Second Amendment.

*Note to readers: I plan to keep all the cert petitions from this Term on the list, even after they are denied. Doing so provides an overview for the types of issues the Court had before it this year—and might provide some insight into why the Court takes the one it eventually will.

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 Cert Denied
Johnson v. United States


4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause Cert Denied
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 Cert Denied
Caniglia v. Strom


1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal distributed for 13-Nov-20 conference
Hobbs v. United States


6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status


distributed for 20-Nov-20 conference
Torres v. United States


9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) reply due @ 20-Nov-20
Caldara v. City of Boulder


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


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


6th Cir. 16-Oct-20 Challenge to ACCA enhancement Gov’t waived right to respond
Yoo v. United States


5th Cir. 21-Oct-20 Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer) Gov’t waived right to respond