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SCOTUS Gun Watch – Week of 12/28/20

Posted by on December 28, 2020

This week brings the docketing of another Second Amendment challenge, New York State Rifle & Pistol Association v. Corlett. In this next NYSRPA case, Paul Clement again represents the challengers. But this time, instead of a narrow challenge to an outlier city rule, it’s a much broader challenge to the state’s requirement that those seeking […]

The Scope of State Attorney General Subpoenas: Smith & Wesson v. Grewal

Posted by on December 24, 2020

[This guest post by Bernard Bell was originally published on the Notice & Comment blog and is cross-posted there.] Last week, by a complaint captioned Smith & Wesson v. Grewal, the firearms manufacturer sued New Jersey’s Attorney General in federal court to contest an administrative subpoena regarding its advertising practices.[1]  Smith & Wesson sought to enjoin (1) […]

SCOTUS Gun Watch – Week of 12/21/20

Posted by on December 21, 2020

Two new Second Amendment cert petitions have been docketed in the past week. The first is Mai v. United States. The case is an as-applied challenge to 922(g), but to its mental-health prohibitor, not the felon prohibitor. The case presents a fairly sympathetic plaintiff on a fairly sympathetic fact pattern, but it has lost in […]

Reading the Second Amendment SCOTUS Tea Leaves

Posted by on December 16, 2020

On Monday, the Supreme Court denied cert in Torres v. United States, the first case that presented a direct Second Amendment issue since Justice Amy Coney Barrett joined the Court. Torres raised the question of whether 18 U.S.C. § 922(g)(1)—which categorically forbids those with felony convictions from possessing firearms—can be challenged on an as-applied basis. […]

SCOTUS Gun Watch – Week of 12/14/20

Posted by on December 14, 2020

The big news out of last Friday’s conference is that the Court denied cert this morning in the Torres case. That was the first direct Second Amendment case to confront the new Court with Justice Barrett at full capacity. The issue was the same one on which she had written as a circuit judge in […]

Purcell on Heller and Justice Scalia’s Jurisprudence

Posted by on December 11, 2020

Inspired by Eric Segall’s glowing review of the book, I recently read legal historian Edward Purcell’s chapter on Heller from his book Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon, released earlier this year. Purcell is not kind to Justice Scalia’s opinion (the chapter heading, “An Arbitrary Jurisprudence: Heller,” signals much […]

SCOTUS Gun Watch – Week of 12/7/20

Posted by on December 7, 2020

With its order list today, the Supreme Court denied cert in the only gun case it discussed at Friday’s conference—the Yoo case. This coming Friday at conference, the Court will consider the Torres case concerning an as-applied challenge to the federal felon prohibitor. I’ve also added a new cert petition. The Firearms Policy Coalition announced […]

Litigation Highlight: New Second Amendment Cert Petition

Posted by on December 4, 2020

The especially active gun-rights organization, Firearms Policy Coalition, has filed a new cert petition this week in Holloway v. Barr. As we’ve highlighted before on the blog, Holloway is another as-applied challenge to the federal firearm prohibitor. This one (like the Folajtar case from a few weeks ago) takes place in one of the few circuits to […]

The Biden Administration Gun Plan

Posted by on December 2, 2020

On his campaign website, President-Elect Joe Biden lists several of his administration’s priorities for firearm regulation. Since the actual policy proposals are not spelled out in depth, it is hard to evaluate the precise details of his plan. And, of course, the ones that require congressional action are much less likely to pass if the […]

SCOTUS Gun Watch – Week of 11/30/20

Posted by on November 30, 2020

It has been a relatively quiet week for gun cases at the Supreme Court. I count no new cert petitions raising gun issues. The Court did schedule Torres—the first square Second Amendment challenge of the Barrett-era—for discussion at its December 11 conference, so we may have news on that front as early as Dec. 14th. […]