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Kenneth Miller v. Robert Ferguson, Attorney General of Washington

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35032 · judgment April 26, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 11% cert probability (95% interval 7%–15%)

Before the decision, about 2.6× 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.

Question presented

Is the following question one that jurists of reason would find debatable? Does the total prohibition on the exercise of a person’s fundamental Second Amendment right to keep a firearm in one’s home for purposes of self-defense constitute the type of “severe restraint on liberty” described in Hensley v. Municipal Court, 411 U.S. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Counsel of record

For petitioner
James Elliot Lobsenz
Carney Badley Spellman, P.S.

For respondent
Anne Elizabeth Egeler

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 31 2019
    Waiver of right of respondent Robert Ferguson to respond filed.
  4. Jul 23 2019
    Petition for a writ of certiorari filed. (Response due August 26, 2019)