View Full Version : SCOTUS cases pending cert??

10-03-2011, 4:43 AM
Has anyone been keeping track of which 2nd Amendment cases we're hoping to see before the US Supreme Court this session that have not yet had their petition for writ of certiorari granted? My understanding is that there is another conference Oct 7 that will let us know what the rest of the cases to be heard before SCOTUS this season will be.

I've already been to:


but was hoping someone already current on the latest could save us the trouble of shoveling through that mountain of cases.

Thanks in advance.

Al Norris
10-03-2011, 5:13 AM
There are 3 criminal cases that have petitioned the Court for cert: Williams v. Maryland; Masciandaro v. U.S.; and Lowery v. D.C.

Currently, there are no civil cases pending cert.

10-03-2011, 5:16 AM
Thank you!

10-03-2011, 6:02 AM
We are keeping track of the cases here: http://wiki.calgunsfoundation.org/index.php/Litigation_Past_and_Present in the litigation wiki.

10-03-2011, 6:13 AM
Williams v Maryland: Cert denied

10-03-2011, 11:28 AM
Quickest I know about is http://www.scotusblog.com/

10-03-2011, 4:42 PM
Thank You!

10-03-2011, 5:18 PM
@@@10-03-2011 | 7:13 AM Kharn Williams v Maryland: Cert denied.....weren't we hoping really bad that this case would make it??

10-03-2011, 7:38 PM
@@@10-03-2011 | 7:13 AM Kharn Williams v Maryland: Cert denied.....weren't we hoping really bad that this case would make it??

See the main thread - http://www.calguns.net/calgunforum/showthread.php?t=424194

Knuckle Dragger
10-04-2011, 6:23 AM
There's a fourth case - Powell v. Comm (http://www.comm2a.org/images/PDFs/powell_cert_petition.pdf).

At issue are two things: 1-Burden shifting, i.e. possession of a firearm is illegal unless one posses a permit. The governement doen'st have to prove that one doesn't have a license, the burden shifts to the defendant who must prove that they have a permit and possess a gun legally. 2 - The Second Amendment rights of individuals 18-20 years of age.

The first issue implicates issues that Powell's attorney did not raise: equal protection and 5A rights of license holders. Many of the gun laws in MA only apply to license holders. Not only is that an EP problem, forcing a license holder to produce a license in order to avoid an illegal possession charge has the potential to expose the license holder to charges they'd not be subject to if they didn't have a license.