SCOTUS asked to review new Second Amendment case

[Tilted]

The Seventh Circuit case, in which the appeals court ruled last week that the Second Amendment did not limit state regulation of firearms, has been appealed to the U.S. Supreme Court. In the petition for a writ of certiorari filed on Tuesday, the petitioners ask the Court to consider the question:

Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses.

The City of Chicago has until July 13th to respond to the petition. The docket record can be found here

It will be a while before the Court decides whether or not to hear the case, but let's hope that they decide that it is important for them to settle this issue. Otherwise, we will continue to have different rules in different parts of the country. For instance, in California and various other western states, the Second Amendment currently applies to state regulations. While in NY, Illinois, Indiana and three other states, it currently does not.

[PsyOps]

You mean they aren't going to wait until Sotomayer is in?

[Tilted]

Originally Posted by PsyOps

You mean they aren't going to wait until Sotomayer is in?

Assuming that she gets confirmed, she may or may not be on the Court when they decide whether or not to grant review. But, she would almost certainly be on the Court by the time that they would hear oral arguments.

[Tilted]

I had not noticed before, but the NRA had filed a separate petition for cert in this case last week.

The petitioners in the filing made Tuesday included the Second Amendment Foundation, Inc., the Illinois State Rifle Association, and several individual citizens.

[Tilted]

There is now a third petition before the Court with regard to this general issue. On Friday, a petition for writ of cert was filed in the Maloney v Rice case, asking the Court to consider these questions:

1. Whether the Second Amendment’s individual right to keep and bear arms is incorporated against the States through the Due Process Clause of the Fourteenth Amendment.

2. Whether the Second Amendment’s individual right to keep and bear arms is a privilege or immunity of citizens of the United States applicable to the States under the Privileges or Immunities Clause of the Fourteenth Amendment.

This is the case in which a three judge panel of the Second Circuit (including Judge Sotomayor) ruled that the Second Amendment still does not apply to state regulation of firearms.

[Tilted]

The two petitions stemming from the Seventh Circuit ruling (v. City of Chicago) are scheduled for conference on September 29th. Hopefully, the Justices will grant the petitions for cert, and review that case. If they do, I feel fairly confident that the Court will finally rule that the Second Amendment is incorporated against the states, like most of the rest of the Bill of Rights already has been (though, it could easily be a 5-4 decision again).

It would seem to me that this is a textbook situation in which cert would be granted. There are clearly conflicting rulings from different U.S. Circuit Courts with regard to a basic question of law. We'll just have to keep our fingers crossed.

[Tilted]

This is a big week for the Second Amendment. All 3 of the petitions mentioned in this thread will be considered in conference tomorrow. We should know whether or not certiorari was granted on Wednesday.

I wouldn't think they would grant certiorari for the Maloney case, since that is the one that Justice Sotomayor ruled on when she was on the Circuit Court. I think she'd probably recuse herself if they were to review that case.

An interesting tidbit - numerous amicus curiae briefs were filed by third parties in support of granting review on these cases, while none were filed in opposition. One of those briefs was filed by 33 states, and another one was filed by California. Not only do those 34 states advocate the Court granting review, they think the Court should extend Second Amendment protections to cover state and local laws - the states are arguing that their right to regulate should be limited by the federal government. As you might suspect, Maryland was not among the 33 states that collectively filed a brief.

Granting review on the case against the City of Chicago seems like a no-brainer to me, but who knows what will happen? Even the City of Chicago, in its opposition brief, basically said - well, we have to argue against you granting cert, so here's our argument against it, but you probably should grant cert. The only thing I can think of that meaningfully argues for not granting cert, is that the ruling from the 9th Circuit 3 judge panel, which interpreted the Second Amendment to apply to states and thereby created an obvious split between circuit courts on this very pointed constitutional question, has been vacated by that court because it decided to re-hear the case en banc (as a full court). However, the full Circuit Court's review of that case was placed on hold last week, in deference to the Supreme Court's consideration of the cases which are currently before it.

I think some of the Supreme Court Justices are chomping at the bit to get this case. We've been extending the Bill of Rights to apply to states for more than 110 years now - it's about time we consider whether or not that extension includes the Second Amendment.

[cwo_ghwebb]

Thanks for the update. I don't know how you manage to keep track of all the various issues and comments from months past but I appreciate the work to keep us informed.

[exnodak]

Originally Posted by Tilted

An interesting tidbit - numerous amicus curiae briefs were filed by third parties in support of granting review on these cases, while none were filed in opposition. One of those briefs was filed by 33 states, and another one was filed by California. Not only do those 34 states advocate the Court granting review, they think the Court should extend Second Amendment protections to cover state and local laws - the states are arguing that their right to regulate should be limited by the federal government. As you might suspect, Maryland was not among the 33 states that collectively filed a brief.

Maryland's signing on may be a moot point. If the Court rules for the NRA,this may change our court's interpretation of the Maryland Constitution and completely change the application of gun laws in this State.

Article 2. Constitution, laws and treaties of United States to be supreme
law of State.

The Constitution of the United States, and the Laws made, or which
shall be made, in pursuance thereof, and all Treaties made, or which
shall be made, under the authority of the United States, are, and shall
be the Supreme Law of the State; and the Judges of this State, and all
the People of this State, are, and shall be bound thereby; anything in
the Constitution or Law of this State to the contrary notwithstanding.

[Pushrod]

I've been following this also. I don't want to get my hopes up, but I can't help it, they are!
This matter really does need to be put to rest and the 2nd incorporated like the rest of the BOR.