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Lisa M. Folajtar v. Merrick B. Garland, Attorney General, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-1687 · judgment November 24, 2020

Certiorari denied · April 19, 2021
Pre-decision estimate: 37% cert probability (95% interval 25%–51%)

Before the decision, about 9.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Third Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether 18 U.S.C. § 922(g)(1), which permanently prohibits nearly all felons—even those convicted of nonviolent crimes—from possessing firearms for selfdefense, violates the Second Amendment, as applied to an individual convicted of willfully making a materially false statement on her tax returns.

Counsel of record

For petitioner
David H. Thompson
Cooper & Kirk, PLLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 30 2021
    Reply of petitioner Lisa Folajtar filed. (Distributed)
  4. Mar 17 2021
    Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
  5. Mar 12 2021
    Brief amicus curiae of Neal Goldfarb filed.
  6. Jan 22 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including March 17, 2021.
  7. Jan 21 2021
    Motion to extend the time to file a response from February 16, 2021 to March 17, 2021, submitted to The Clerk.
  8. Jan 14 2021
    Brief amicus curiae of The American Constitutional Rights Union filed.
  9. Jan 14 2021
    Brief amici curiae of The Cato Institute filed.
  10. Jan 14 2021
    Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
  11. Jan 12 2021
    Brief amici curiae of Firearms Policy Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Madison Society Foundation filed.
  12. Dec 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 16, 2021. See Rule 30.1.
  13. Dec 29 2020
    Motion to extend the time to file a response from January 14, 2021 to February 15, 2021, submitted to The Clerk.
  14. Dec 11 2020
    Petition for a writ of certiorari filed. (Response due January 14, 2021)