Supreme Court of the United States · Official docket →
Lori Rodriguez, et al. v. City of San Jose, California, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-17144 · judgment July 23, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
-
Whether the Fourth Amendment allows an exception to its warrant requirement for so-called “community caretaking” where the alleged danger to the community has been resolved and the premises to be searched and items then seized do not contain or pose an immediate threat making it impossible to obtain a timely warrant?
-
Whether issue preclusion can bar a claim for deprivation of a constitutional right where the prior decision discussing the constitutional issue did not depend on resolving the merits of that issue, found state-law procedures remained that could moot the claimed infringement, and thus could not have been further reviewed in this Court given that the constitutional claim would be seen as unripe and potentially avoided by adequate and independent state grounds?
-
Whether this Court should exercise its supervisory powers to review the improper circumvention of Second Amendment protections in the Ninth Circuit or, at a minimum, hold this case for No. 18-280, New York State Rifle & Pistol Association, Inc. v. City of New York?
Counsel of record
For petitioner
Donald E. J. Kilmer Jr.
Law Offices of Donald Kilmer, P.C.
For respondent
Matthew W. Pritchard
City of San Jose, City Attorney's Office
Proceedings
- Oct 13 2020Motion for leave to file amici brief filed by Gun Owners of California, et al. GRANTED.
- Oct 13 2020Petition DENIED.
- Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
- Sep 22 2020Reply of petitioners Lori Rodriguez, et al. filed.
- Jul 01 2020DISTRIBUTED for Conference of 9/29/2020.
- Jun 17 2020Brief of respondents City of San Jose, California, et al. in opposition filed.
- May 20 2020Motion for leave to file amici brief filed by Gun Owners of California, et al.
- May 12 2020Motion to extend the time to file a response is granted and the time is extended to and including June 22, 2020.
- May 05 2020Motion to extend the time to file a response from May 20, 2020 to June 22, 2020, submitted to The Clerk.
- Apr 20 2020Response Requested. (Due May 20, 2020)
- Apr 08 2020DISTRIBUTED for Conference of 4/24/2020.
- Feb 21 2020Petition for a writ of certiorari filed. (Response due March 26, 2020)
- Dec 12 2019Application (19A653) granted by Justice Kagan extending the time to file until February 21, 2020.
- Dec 11 2019Application (19A653) to extend the time to file a petition for a writ of certiorari from December 23, 2019 to February 21, 2020, submitted to Justice Kagan.