No. 23-878

Javier Herrera v. Kwame Raoul, Attorney General of Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2024-02-14
Status: Denied
Type: Paid
Amici (1)Relisted (7) Experienced Counsel
Tags: 2nd-amendment arms-protection civil-rights due-process free-speech historical-tradition second-amendment self-defense semiautomatic-rifles standard-magazines standing takings
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-07-01 (distributed 7 times)
Related Cases: 23-1010 (Vide) 23-877 (Vide) 23-879 (Vide) 23-880 (Vide) 23-944 (Vide)
Question Presented (AI Summary)

Whether semiautomatic rifles and standard magazines are protected 'Arms' under the Second Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED In District of Columbia v. Heller, 554 U.S. 570 (2008), this Court held that the Second Amendment “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Id. at 635. This Court remarked that it was “bordering on the frivolous” to argue “that only those arms in existence in the 18th century are protected by the Second Amendment.” Jd. at 582. Then in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the Court again confirmed that the “arms” that the Second Amendment protects “covers modern instruments that facilitate armed selfdefense.” Id. at 28. Against those decisions, the State of Illinois, Cook County, and the City of Chicago banned commonly owned semiautomatic rifles and standard magazines in law-abiding Illinois citizens’ homes. The questions presented are: Whether semiautomatic rifles and _ standard handgun and rifle magazines do not count as “Arms” within the ordinary meaning of the Second Amendment’s plain text. Whether there is a broad historical tradition of States banning protected arms and_ standard magazines from law-abiding citizens’ homes.

Docket Entries

2024-07-02
Petition DENIED. Justice Alito would grant the petition for a writ of certiorari. Statement of Justice Thomas. (Detached Opinion)
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-28
DISTRIBUTED for Conference of 5/30/2024.
2024-05-20
DISTRIBUTED for Conference of 5/23/2024.
2024-04-30
DISTRIBUTED for Conference of 5/16/2024.
2024-04-26
2024-03-15
2024-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024, for all respondents.
2024-03-05
Motion to extend the time to file a response from March 15, 2024 to April 15, 2024, submitted to The Clerk.
2024-02-12

Attorneys

Cook County, Toni Preckwinkle, Kimberly M. Foxx, and Thomas J. Dart
Jessica Megan SchellerOffice of the Cook County State's Attorney, Respondent
Jessica Megan SchellerOffice of the Cook County State's Attorney, Respondent
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
John Allen EidsmoeFoundation for Moral Law, Amicus
Javier Herrera
Gilbert Charles DickeyConsovoy McCarthy, PLLC, Petitioner
Gilbert Charles DickeyConsovoy McCarthy, PLLC, Petitioner
Kwame Raoul, Brendan F. Kelly
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
The Buckeye Institute
Jay Randall CarsonThe Buckeye Institute, Amicus
Jay Randall CarsonThe Buckeye Institute, Amicus