No. 18-9707

Blair Cook v. United States

Lower Court: Seventh Circuit
Docketed: 2019-06-18
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: 2nd-amendment constitutional-rights due-process facial-challenge facial-vagueness fifth-amendment rehaif-v-united-states second-amendment standing statutory-interpretation threshold-question vagueness vagueness-doctrine
Key Terms:
SecondAmendment DueProcess FirstAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether § 922(g)(3) is unconstitutionally vague under the Fifth Amendment's Due Process Clause

Question Presented (OCR Extract)

question presented is: Whether § 922(g)(3) is unconstitutionally vague under the Fifth Amendment’s Due Process Clause. This involves a threshold question: Whether a statute that impinges on the Second Amendment right to bear arms is subject to facial vagueness challenge the same as statutes that impinge on other individual constitutional rights. If this Court declines to consider these constitutional questions, there is an additional question: Should the Court hold this petition in abeyance pending the resolution of Rehaif v. United States (17-9560) and/or N.Y. State Rifle & Pistol Ass’n v. City of New York (18-280)?

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Memorandum of respondent United States filed.
2019-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 19, 2019.
2019-07-10
Motion to extend the time to file a response from July 18, 2019 to August 19, 2019, submitted to The Clerk.
2019-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2019)
2019-04-08
Application (18A1027) granted by Justice Kavanaugh extending the time to file until June 27, 2019.
2019-04-01
Application (18A1027) to extend the time to file a petition for a writ of certiorari from April 28, 2019 to June 27, 2019, submitted to Justice Kavanaugh.

Attorneys

Blair Cook
Shelley Marie FiteFederal Defender Services of Wisconsin, Inc., Petitioner
Shelley Marie FiteFederal Defender Services of Wisconsin, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent