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Merrick B. Garland, Attorney General, et al. v. Bryan David Range

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2835 · judgment June 6, 2023


GVR'd · July 2, 2024
Pre-decision estimate: 26% cert probability (95% interval 18%–37%)

Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below.

Question presented

Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of “a crime punishable by imprisonment for a term exceeding one year,” ibid., complies with the Second Amendment. (I)

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
David H. Thompson
Cooper & Kirk, PLLC

Case

Conference history
Distributed for 2 conferences

Linked docket
23A140

Proceedings

  1. Aug 05 2024
    Judgment Issued.
  2. Jul 02 2024
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Rahimi, 602 U. S. ___ (2024).
  3. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  4. Jun 26 2024
    Supplemental brief of respondent Bryan David Range filed.
  5. Jun 24 2024
    Supplemental brief for the Federal Parties filed. VIDED.
  6. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  7. Nov 01 2023
    Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
  8. Oct 18 2023
    Brief of respondent Bryan David Range in opposition filed.
  9. Oct 05 2023
    Petition for a writ of certiorari filed. (Response due November 9, 2023)
  10. Aug 25 2023
    Application (23A140) granted by Justice Alito extending the time to file until October 5, 2023.
  11. Aug 16 2023
    Application (23A140) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to October 5, 2023, submitted to Justice Alito.