Tuesday, October 08, 2019

New York gun case to move forward

This morning [yesterday] the Supreme Court issued more orders from last week’s private conference – the first regularly scheduled conference since the end of June. As expected, the justices did not add any more cases to their merits docket for the term, but they did deny review in over 1,000 cases.

One of the most closely watched orders today was the justices’ denial of New York City’s bid to dismiss the challenge to a now-repealed restriction on transporting guns outside city limits. The justices agreed to review the case in January, setting the stage for the Supreme Court’s first ruling on the scope of the Second Amendment in nearly a decade. But in July the city urged the justices to remove the case from their docket, arguing that changes to the city’s rule and to state law rendered the case moot – that is, no longer a live controversy. However, the court went ahead and scheduled the case for oral argument in December, deferring consideration of the city’s motion until last week. Today the justices made clear that the case will move forward: They rejected the city’s request to dismiss the case as moot immediately, instead announcing that the “question of mootness will be subject to further consideration, and the parties should be prepared to discuss it.”


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