Supreme Court of the United States · Official docket →
Javier Herrera v. Kwame Raoul, Attorney General of Illinois, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1793 · judgment November 3, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In District of Columbia v. Heller, 554 U.S. 570 (2008), this Court held that the Second Amendment “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Id. at 635. This Court remarked that it was “bordering on the frivolous” to argue “that only those arms in existence in the 18th century are protected by the Second Amendment.” Id. at 582. Then in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the Court again confirmed that the “‘arms’” that the Second Amendment protects “covers modern instruments that facilitate armed selfdefense.” Id. at 28. Against those decisions, the State of Illinois, Cook County, and the City of Chicago banned commonly owned semiautomatic rifles and standard magazines in law-abiding Illinois citizens’ homes. The questions presented are: Whether semiautomatic rifles and standard handgun and rifle magazines do not count as “Arms” within the ordinary meaning of the Second Amendment’s plain text. Whether there is a broad historical tradition of States banning protected arms and standard magazines from law-abiding citizens’ homes.
Counsel of record
For petitioner
Gilbert Charles Dickey
Consovoy McCarthy, PLLC
For respondent
Jane Elinor Notz
Office of the Attorney General, State of Illinois
Proceedings
- Jul 02 2024Petition DENIED. Justice Alito would grant the petition for a writ of certiorari. Statement of Justice Thomas. (Detached Opinion)
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 28 2024DISTRIBUTED for Conference of 5/30/2024.
- May 20 2024DISTRIBUTED for Conference of 5/23/2024.
- Apr 30 2024DISTRIBUTED for Conference of 5/16/2024.
- Apr 26 2024Reply of petitioner Javier Herrera filed. (Distributed)
- Apr 15 2024Brief of respondents Illinois, et al. in opposition filed. VIDED.
- Apr 15 2024Brief of Cook County Respondents in opposition filed. VIDED.
- Mar 15 2024Brief amicus curiae of The Buckeye Institute filed. VIDED.
- Mar 15 2024Brief amicus curiae of Foundation for Moral Law filed.
- Mar 06 2024Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024, for all respondents.
- Mar 05 2024Motion to extend the time to file a response from March 15, 2024 to April 15, 2024, submitted to The Clerk.
- Feb 12 2024Petition for a writ of certiorari filed. (Response due March 15, 2024)