Yesterday the Supreme Court issued its long-awaited decision in a challenge to New York City’s ban on the transport of licensed handguns outside the city. Because the city had repealed the ban last summer, a majority on the court agreed with the city that the challengers’ original claims are moot – that is, no longer a live controversy. In a concurring opinion, Justice Brett Kavanaugh joined the majority in concluding that the case should go back to the lower court, but he also indicated that he shared the concern – expressed by Justice Samuel Alito in his dissenting opinion – that the lower courts “may not be properly applying” the Supreme Court’s most recent gun rights rulings, in District of Columbia v. Heller and McDonald v. City of Chicago. Therefore, Kavanaugh suggested, the Supreme Court “should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” The court’s electronic docket reveals that Kavanaugh’s suggestion may come to fruition soon: By the end of the day yesterday, the Supreme Court had distributed for consideration at Friday’s conference 10 cases that had apparently been on hold for the New York case.
Several themes emerge from the cases that the justices will now review on Friday. The justices are being asked to weigh in on (among other things) whether and to what extent the Second Amendment protects the right to carry a handgun outside the home for self-defense, whether state and local governments can ban assault rifles and large-capacity magazines and whether the federal ban on interstate gun sales is unconstitutional. A full list of the 10 cases distributed for Friday’s conference, as well as a brief description of the question presented in each one, follows the jump.
We expect orders from Friday’s conference on Monday, May 4, at 9:30 a.m. EDT.
Mance v. Barr – Whether the federal ban on interstate handgun sales violates the Second Amendment or the due process clause of the Fifth Amendment.
Rogers v. Grewal – In a challenge to New Jersey’s handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.
Pena v. Horan – In a challenge to a California law banning most commonly used handguns, the petition asks the justices to weigh in on the scope of the Second Amendment.
Gould v. Lipson – In a challenge to Massachusetts’ handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.
Cheeseman v. Polillo – Challenge to New Jersey handgun carry permit scheme.
Ciolek v. New Jersey – Challenge to New Jersey handgun carry permit scheme.
Worman v. Healey – Challenge to Massachusetts ban on the possession of assault weapons and large-capacity magazines.
Malpasso v. Pallozzi – In a challenge to Maryland’s handgun carry permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense.
Culp v. Raoul – Whether the Second Amendment requires Illinois to allow nonresidents to apply for a concealed-carry license.
Wilson v. Cook County – Challenge to Cook County’s ban on assault rifles and large-capacity magazines, as well as to the Second Amendment analysis used by the U.S. Court of Appeals for the 7th Circuit to uphold the ban.
This post is also published on SCOTUSblog.
