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New York State Rifle & Pistol Association Inc. v. City of New York, New York

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Docket No. Op. Below Argument Opinion Vote Author Term
18-280 2d Cir. Dec 2, 2019 Apr 27, 2020 6-3 Per Curiam OT 2019

Holding: Petitioners’ claim for declaratory and injunctive relief with respect to the City’s old rule on transporting firearms is moot, and any claim for damages with respect to that rule may be addressed in the first instance by the court of appeals and the district court on remand.

Judgment: Vacated and remanded in a per curiam opinion on April 27, 2020. Justice Kavanaugh filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined in full and Justice Thomas joined except for Part IV-B.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 20 2018Application (17A1393) to extend the time to file a petition for a writ of certiorari from July 4, 2018 to August 3, 2018, submitted to Justice Ginsburg.
Jun 21 2018Application (17A1393) granted by Justice Ginsburg extending the time to file until August 3, 2018.
Jul 19 2018Application (17A1393) to extend further the time from August 3, 2018 to September 2, 2018, submitted to Justice Ginsburg.
Jul 23 2018Application (17A1393) granted by Justice Ginsburg extending the time to file until September 4, 2018.
Sep 04 2018Petition for a writ of certiorari filed. (Response due October 9, 2018)
Sep 17 2018Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
Sep 21 2018Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
Sep 28 2018Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..
Oct 09 2018Brief amici curiae of Western States Sheriffs' Association et al filed.
Oct 09 2018Brief amici curiae of The States of Louisiana, et al. filed.
Oct 09 2018Brief amici curiae of Gun Owners of America, et al. filed.
Nov 08 2018Brief of City of New York, et al. in opposition not accepted for filing. (November 09, 2018) (Corrected version submitted November 9, 2018).
Nov 08 2018Brief of respondents City of New York, et al. in opposition filed.(11/14/2018)
Nov 28 2018DISTRIBUTED for Conference of 1/4/2019.
Nov 28 2018Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jan 22 2019Petition GRANTED.
Feb 12 2019Joint motion for an extension of time for filing the briefs on the merits filed.
Feb 21 2019Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..
Feb 25 2019Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 7, 2019. The time to file respondents' brief on the merits is extended to and including August 5, 2019.
Mar 11 2019Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Apr 02 2019Blanket Consent filed by Respondent, City of New York, et al.
Apr 12 2019Motion to hold the briefing schedule in abeyance filed by respondents City of New York, et al. (Distributed)
Apr 19 2019Response to motion from petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
Apr 23 2019Reply in support of motion filed.
Apr 29 2019Motion of respondents to hold briefing schedule in abeyance DENIED.
May 07 2019Joint appendix filed. (Statement of costs received)
May 07 2019Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
May 13 2019Brief amicus curiae of National African American Gun Association, Inc. filed.
May 13 2019Brief amicus curiae of Pink Pistols filed.
May 13 2019Brief amicus curiae of Madison Society Foundation, Inc. filed.
May 13 2019Brief amici curiae of Academics for the Second Amendment filed.
May 14 2019Brief amici curiae of Second Amendment Law Professors in support of neither party filed.
May 14 2019Brief amicus curiae of Giffords Law Center to Prevent Gun Violence in support of neither party filed.
May 14 2019Brief amici curiae of Brady and Team ENOUGH in support of neither party filed.
May 14 2019Brief amicus curiae of Commonwealth Second Amendment, Inc. filed.
May 14 2019Brief amicus curiae of Cato Institute filed.
May 14 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
May 14 2019Brief amicus curiae of National Rifle Association of America, Inc. filed.
May 14 2019Brief amicus curiae of The Liberal Gun Club filed.
May 14 2019Brief amici curiae of The States of Louisiana, et al. filed.
May 14 2019Brief amicus curiae of George K. Young filed.
May 14 2019Brief amicus curiae of Mountain States Legal Foundation filed.
May 14 2019Brief amicus curiae of Patrick J. Charles in support of neither party filed.
May 14 2019Brief amicus curiae of Robert Leider filed.
May 14 2019Brief amici curiae of California Rifle & Pistol Association, Incorporated and Gun Owners of California, Inc. filed.
May 14 2019Brief amici curiae of Professors of Second Amendment Law, et al. filed.
May 14 2019Brief amicus curiae of American Civil Rights Union filed.
May 14 2019Brief amicus curiae of Black Guns Matter filed.
May 14 2019Brief amici curiae of Bradley Byrne and 119 Additional Members of the United States House of Representatives filed.
May 14 2019Brief amici curiae of Firearms Policy Foundation, Firearms Policy Coalition, and the Calguns Foundation filed.
May 14 2019Brief amici curiae of Gun Owners of America, Inc., et al. filed.
May 14 2019Brief amicus curiae of United States filed.
May 14 2019Brief amici curiae of National Sheriffs Association, et al. filed.
Jul 03 2019Letter dated July 3, 2019 of City of New York, et al. not accepted for filing. (July 08, 2019)
Jul 08 2019Response of New York State Rifle & Pistol Association, Inc., et al. to motion not accepted for filing. (July 08, 2019)
Jul 22 2019Suggestion of Mootness filed by respondents City of New York, et al.
Jul 22 2019Motion for a further extension of time to file respondents' brief on the merits filed.
Jul 24 2019Response of petitioners to motion for a further extension of time to file respondents' brief on the merits filed.
Jul 26 2019Motion for a further extension of time to file respondents' brief on the merits denied.
Aug 01 2019Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
Aug 01 2019Petitioners' response to suggestion of mootness filed. (Distributed)
Aug 05 2019Brief of respondents City of New York, et al. filed.
Aug 05 2019Respondents' Supplemental Appendix of City of New York, et al. not accepted for filing. (August 09, 2019)
Aug 05 2019Supplemental appendix to respondents’ brief on the merits filed. (Corrected copies 8/9/19)
Aug 07 2019Suggestion of mootness DISTRIBUTED for Conference of 10/1/2019.
Aug 08 2019Respondents' reply in support of suggestion of mootness filed. (Distributed)
Aug 12 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 12 2019Amicus brief of March for Our Lives Action Fund not accepted for filing. (Corrected version submitted)
Aug 12 2019Brief amicus curiae of March for Our Lives Action Fund filed.
Aug 12 2019Brief amici curiae of States of New York, Connecticut, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia and the District of Columbia filed.
Aug 12 2019Brief amici curiae of Public Health Researchers and Social Scientists filed.
Aug 12 2019Brief amici curiae of Federal Courts Scholars filed.
Aug 12 2019Brief amici curiae of 139 Members of the United States House of Representatives filed.
Aug 12 2019Brief amici curiae of Senator Sheldon Whitehouse, et al. filed.
Aug 12 2019Amicus brief of Neal Goldfarb not accepted for filing. (Corrected version submitted)
Aug 12 2019Brief amici curiae of National League of Cities, et al. filed.
Aug 12 2019Brief amici curiae of Corpus Linguistics Professors and Experts filed.
Aug 12 2019Brief amicus curiae of Former Commissioner of the New York City Police Department William J. Bratton filed.
Aug 12 2019Brief amici curiae of Constitutional Law Professors filed.
Aug 12 2019Brief amicus curiae of Citizens Crime Commission of New York City filed.
Aug 12 2019Brief amici curiae of National Education Association filed.
Aug 12 2019Brief amicus curiae of Everytown for Gun Safety filed.
Aug 12 2019Brief amicus curiae of Americans Against Gun Violence filed.
Aug 12 2019Brief amicus curiae of Neal Goldfarb filed. (August 13, 2019)
Aug 12 2019Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 04 2019Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
Sep 13 2019SET FOR ARGUMENT on Monday, December 2, 2019.
Oct 07 2019The Respondent's Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.
Oct 15 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 15 2019Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Oct 23 2019Record requested from the U.S.C.A. 2nd Circuit.
Oct 24 2019The record from the U.S.C.A. 2nd Circuit is electronic and filed. The record is complete from the 2nd Circuit.
Oct 25 2019CIRCULATED
Nov 15 2019Letter from the Solicitor General filed. (Distributed)
Nov 15 2019Request from the Clerk that the Solicitor General submit his views on mootness in a letter brief, limited to 10 pages, by 6 p.m., Friday, November 15, 2019. The parties may submit their responses in a letter brief, limited to 10 pages each, by 2 p.m., Wednesday, November 20, 2019.
Nov 15 2019Letter brief of the Solicitor General pursuant to request of the Clerk filed. (Distributed)
Nov 20 2019Letter response brief of petitioners pursuant to request of the Clerk filed. (Distributed)
Nov 20 2019Letter response brief of respondents' pursuant to request of the Clerk filed. (Distributed)
Dec 02 2019Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Richard P. Dearing, New York, N. Y.
Apr 27 2020Judgment VACATED and case REMANDED. Opinion per curiam. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Thomas, J., joined except for Part IV–B.
May 29 2020JUDGMENT ISSUED.