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Jeremy Kellogg (a member of the Army National Guard who regularly carries a firearm in his service) and Jonathan Harmon (a licensed security guard) are residents of Columbia County, NY, where they applied for concealed carry licenses in 2022. In NY, carry licensing is handled county by county. In 55 of 62 counties, including Columbia County, state statute assigns the position of carry licensing officer to a county judge. In this case, that Columbia County judge is Jonathan Nichols. (In the other 7 counties, all in and around NYC, the licensing officer is the county sheriff or applicable county or municipal police commissioner.) The licensing procedure requires license applicants to meet with the licensing officer in person to determine if they are "of good moral character." Kellogg and Harmon both have clean criminal records and are not otherwise prohibited from possessing firearms under federal or state law. Kellogg has two sealed arrests, although no convictions, which he did not disclose on his application. Harmon has a sealed juvenile adjudication, which he did not disclose on his application. Because they did not disclose their sealed records, Nichols found them not to be "of good moral character." (At least, that was the reason given.) Kellogg and Harmon sued Nichols, acting as licensing officer, in federal court under 42 USC 1983 for denying them their 2A liberties. Both the district court and 2nd Circuit appellate court conflated the positions of licensing officer and judge and dismissed the suit, ruling that judges have absolute immunity. Kellogg and Harmon now petition the US Supreme Court for certiorari that they may sue Nichols in his capacity as a county licensing officer rather than in his capacity as a county judge. (docket) A judge acting in an executive branch capacity also strikes me as a conflict of interest against the separation of powers.

Any speculation as to how, why ? It seemed like a no-brainer !

Petition denied.

Petition denied.

On October 5, the Supreme Court created the docket. Of course, there's no such thing as a "semi-automatic assault rifle." An "assault rifle" is a full-automatic, switch-selectable rifle. The politically invented term "assault weapon" attempts to blur the distinction between full-auto and semi-auto. Hopefully the justices won't get sucked into the intended confusion. The petition uses the term "assault weapon" extensively throughout its remainder. The petition itself is 10 pages. The NJAG appends its 3rd Circuit appeal, which is another (approximately) 300 pages. As noted above, the Court doesn't have to GVR this case after it decides Viramontes. It can just deny this case.

Petition denied. UPDATE: Just to clarify the denial, the US was petitioning to reinstate Hembree's conviction. Thus the denial means that Hembree, as a nonviolent felon, is not guilty of illegal firearm possession. It doesn't mean that other nonviolent felons can possess firearms. That case would be Johnson v US, if cert is granted.

I said months ago, it was stupid to go beyond the Nuc bombing until after the midterms, I stated it could cost us the House/ Senate or both. It was a huge mistake. It may cost us control and also the next SC justice. Stupid from brilliant.... Take his cell phone, look at the long game. As far as the Iran deal, he missed badly. If we lose either, he is a lame duck.

The Democratic Party. Which is supported by the 900K+ FOID Card Holders in Cook County.

ALL enacted by which Party?

Let's just hope the 2A comes out and supports their candidates across the country, with the exception of IL. We don't support our 2A candidates, not even the squishy ones. I think the 2A likes the excitement of being semi-legal when it comes to the 2A. Chicago's handgun ban, Cook County ban, ccl ban, and the PICA ban.

thanks

I’ll take “What are things nightmares are made of” Alex for $1,000.

Soundguy, that seems like one of the only plays left. Presumably the White House has a list of candidates ready to go at all times. But I wonder if Thune could pull it off.

In 2015, Joseph Frederick Johnson was convicted in NM state court for growing marijuana, which is a felony. He would like his 2A rights back, but it is 10th Circuit precedent that as-applied challenges to 18 USC 922(g)(1) are categorically denied. On August 27, he petitioned the US Supreme Court for certiorari. (docket) On September 18, the US waived its right to respond.

In a petition captioned Davenport v ANJRPC and dated October 1, NJ is seeking Supreme Court review of the injunctions on both the rifle ban and the mag ban. The Supreme Court hasn't created a docket for it yet.

I can imagine a new D controlled Senate pulling a McConnell by holding any confirmations for the next President. Would Alito or Thomas retire right after the 2026 election, hoping the lame duck Senate could quickly confirm a new justice? Cheers, Tim

He may have waited too long. The probability of a Democratic Senate in a few months is high enough that any Trump replacement for him or Thomas (sure hope his health holds up) would have tough sledding.

THAT may depend on how the mid-terms go…. A change one way or the other is very likely to swing what kind of replacement will be able to be confirmed…..

I'm good with it as long as we don't get a weak az like ACB.

I just noticed ... On July 31, Prince petitioned the US Supreme Court for certiorari. (docket) On August 13, the US waived its right to respond. The CA7 opinion referred to Rahimi. Despite Easterbrook writing it, the opinion is correct that Prince is a violent felon. His arrest in this case related to firearm he allegedly used in an armed robbery he committed on a CTA platform. (The arrest was prompted by smoking on another CTA platform. If they didn't smoke on CTA platforms, I wonder if felons would ever get arrested in Chicago.)

The attorney (other than Stamboulieh) on record for the plaintiffs is: Oliver M. Krawczyk (717) 525-5822 Ambler Law Offices, LLC 115 S Hanover St Ste 100 Carlisle, PA 17013 oliver@amblerlawoffices.com Interestingly, Stamboulieh has not filed notice that he has withdrawn from the case. But he has updated his email address. stephen.stamboulieh@usdoj.gov Presumably he'll file notice once the case has docket activity. The last activity was May. The case is currently in discovery.

Euler -- can you pull up who is handling this case now since Strambuli has gone to work for DOJ? looking for contact info todd

They already did....

Original case 2022. Judicial reform is needed! Justice delayed is Justice denied.