No. 20-6046

Eric Gerard McGinnis v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: history means-end-scrutiny protective-order second-amendment text tradition
Key Terms:
SecondAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Should the Second Amendment be evaluated based on text, history, and tradition instead of means-end scrutiny?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L. Most circuits, including the Fifth Circuit below, apply a form of meansend scrutiny when evaluating challenges to a statute under the Second Amendment. Should this approach be replaced by a framework that focuses instead on the Second Amendment’s text, history, and tradition? I. Can 18 U.S.C. § 922(g)(8) survive a analysis given that there is no historical analogue for a protective-order exception to firearms possession? i

Docket Entries

2021-02-22
Petition DENIED.
2021-02-15
Reply of petitioner Eric McGinnis submitted.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-15
Brief of respondent United States in opposition filed.
2020-12-02
Motion to extend the time to file a response is granted and the time is further extended to and including January 15, 2021.
2020-12-01
Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
2020-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
2020-11-10
Motion to extend the time to file a response from November 16, 2020 to December 16, 2020, submitted to The Clerk.
2020-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Eric McGinnis
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent