CERT DENIED – THIS CASE IS OVER
Shew v. Malloy – SCOTUS – Semi-Auto
and Magazine Ban 15-1030
The Second Circuit Court of Appeals upheld the semi-automatic and magazine bans from Connecticut and New York. The Plaintiffs filed a cert petition with SCOTUS on February 11, 2016. The petitioners are not challenging the magazine ban.
As much as I would like to see SCOTUS grant cert and invalidate the semiautomatic and magazine bans it could have done so in the Friedman v. Highland Park Illinois case but did not. Justices Thomas and Scalia issued a scathing dissent in the denial of cert. Justice Scalia has passed on. The best we can hope for is another scathing dissent to the denial of cert in this case.
Petition for a Writ of Certiorari – Filed February 11, 2016
Brief amicus curiae of Second Amendment Coalition – Filed on March 15, 2016
Respondents’ Opposition to Cert Petition filed on May 16, 2016
Petitioner’s Reply Brief dated May 27, 2016
Update by Charles Nichols, President of California Right To Carry – June 20, 2016 – The cert petition has been denied. This case is over.
Update by Charles Nichols, President of California Right To Carry – May 31, 2016 – The cert petition has been distributed for the conference of June 16th. The petitioners reply brief is posted above the fold. The case at the cert petition stage is now fully briefed. We now wait and see as to whether or not SCOTUS grants the cert petition. We could know as early as June 16th but June 20th is the more likely date. If the case is relisted again, the last and final conference of this term will be on June 23rd. If it is relisted again then the next conference will be the “long conference” at the end of September.
Update by Charles Nichols, President of California Right To Carry – May 25, 2016 – Typically, there is a two week period for a brief to be reviewed before a case is scheduled for conference. May 9th, 16th and 23rd are the last three conferences for this term in which the case can be scheduled. As of today, this case has not been scheduled for any conference. If it is not scheduled this term then it will most likely be scheduled for the “long conference” at the end of the summer before the court convenes on October 3rd for the 2016-2017 term. SCOTUS has granted cert petitions during the summer in the past but unfortunately, I don’t think the cert petition in this case will be granted. In any event, Shew is still entitled to file a response to the Brief in Opposition and to ask for an extension of time to file his response, neither of which has happened as yet.
Update by Charles Nichols, President of California Right To Carry – May 24, 2016 – The SCOTUS docket now shows that the response to the petition (Brief in Opposition) was filed. EDIT: A link to the response is here Respondents’ Opposition to Cert Petition.
|May 16 2016||Brief of respondents Daniel P. Malloy, Governor of Connecticut, et al. in opposition filed.|
Update by Charles Nichols, President of California Right To Carry – May 20, 2016 – The Brief amicus curiae of Second Amendment Coalition is now available here.
Update by Charles Nichols, President of California Right To Carry – April 23, 2016 – This page created.
|Attorneys for Petitioners:|
|David H. Thompson||Cooper & Kirk, PLLC||(202) 220-9600|
|Counsel of Record||1523 New Hampshire Avenue, NW|
|Washington, DC 20036|
|Party name: June SHew, Et al.|
|Attorneys for Respondents:|
|Michael Kenneth Skold||Assistant Attorney General||8608085020|
|Counsel of Record||55 Elm Street|
|Hartford, CT 06141-0120|
|Party name: Daniel P. Malloy, Governor of Connecticut, et al.|
|Paloma A. Capanna||633 Lake Road||(585) 377-7260|
|Webster, NY 14580|
|Party name: Second Amendment Coalition|