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Well it’s October 1st and time once again to kick off a new Supreme Court term. The justices have returned from their European vacations, (or book tours in the case of Justice Gorsuch,) are fit, tanned, well rested and ready once again to get back to their Article III duties.
We’re starting this year’s Supreme Court thread in the Comm2A forum in order to have a cogent and on-point discussion of Second Amendment related issues before the court. This thread will be strictly moderated to stay on-topic and relevant. Posts hoping for the early death or justices, irrelevant thread drift, etc. will be ‘pruned’.
Comm2A will (hopefully) be launching a new website later this month that will include a comprehensive status board of potential Second Amendment and gun related cases that are before the court or have the potential to be before the court. We’ll update this post and thread when the new website goes live.
October Term 2019 (OT 2019 for short) is shaping up to be the most important term for the much ‘disfavored Second Amendment since Heller was handed down in 2008. The court has already granted cert in New York State Rifle & Pistol Association v. NYC and scheduled argument on December 2nd. This may change. Later today in their back-to-work ‘long’ conference, the justices will decide if the case is now moot given that the city and state have rescinded the offending regulation.
There are at least four Second Amendment holdover petitions from OT2018:
These petitions are all unusual in that they were distributed for conference but the justice took no action and the petitions were NOT relisted. Speculation is that the court may act on them after issuing a decision in the New York State Rifle & Pistol Association v. NYC.
Additionally, several more petitions were filed while the justices were sunning themselves on the Mediterranean (or signing books):
Apart from the Second Amendment, OT 2019 may see the justices take a good hard look at the administrative state and qualified immunity. Several of the justices have signaled their dissatisfaction with the state of the law in these two areas.
Fun Fact: The going signing bonus for Supreme Court clerks once they’ve completed their service is $400,000. That’s just the signing bonus. And, they’re barred from any Supreme Court for two years once their clerkship ends. Nice gig if you can get it.
Stay tuned…..
We’re starting this year’s Supreme Court thread in the Comm2A forum in order to have a cogent and on-point discussion of Second Amendment related issues before the court. This thread will be strictly moderated to stay on-topic and relevant. Posts hoping for the early death or justices, irrelevant thread drift, etc. will be ‘pruned’.
Comm2A will (hopefully) be launching a new website later this month that will include a comprehensive status board of potential Second Amendment and gun related cases that are before the court or have the potential to be before the court. We’ll update this post and thread when the new website goes live.
October Term 2019 (OT 2019 for short) is shaping up to be the most important term for the much ‘disfavored Second Amendment since Heller was handed down in 2008. The court has already granted cert in New York State Rifle & Pistol Association v. NYC and scheduled argument on December 2nd. This may change. Later today in their back-to-work ‘long’ conference, the justices will decide if the case is now moot given that the city and state have rescinded the offending regulation.
There are at least four Second Amendment holdover petitions from OT2018:
- Mance v. Barr – Interstate handgun sales
- Peña v. Lindley – California roster challenge
- Rogers v. Grewal – New Jersey carry
- Gould v. Lipson – Massachusetts carry (a Comm2A case!)
These petitions are all unusual in that they were distributed for conference but the justice took no action and the petitions were NOT relisted. Speculation is that the court may act on them after issuing a decision in the New York State Rifle & Pistol Association v. NYC.
Additionally, several more petitions were filed while the justices were sunning themselves on the Mediterranean (or signing books):
- Ciolek v. NJ – pro se New Jersey carry case from state court. Distributed for today’s ‘long’ conference.
- Lopez v Massachusetts - Due process burden shifting case. Distributed for conference on October 11th.
- Cheeseman v. Polillo - New Jersey Carry case
- Worman v. Healey – Comm2A’s challenge to the Massachusetts assault weapons ban
- Malpasso v. Pallozzi – Maryland carry case – Former Solicitor General Paul Clement filed the petition ensuring that the justice will take a close look at this petition for acting.
Apart from the Second Amendment, OT 2019 may see the justices take a good hard look at the administrative state and qualified immunity. Several of the justices have signaled their dissatisfaction with the state of the law in these two areas.
Fun Fact: The going signing bonus for Supreme Court clerks once they’ve completed their service is $400,000. That’s just the signing bonus. And, they’re barred from any Supreme Court for two years once their clerkship ends. Nice gig if you can get it.
Stay tuned…..