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Joshua Wade v. University of Michigan

Paid petition · Court of Appeals of Michigan, No. 330555 · judgment July 20, 2023


Certiorari denied · April 21, 2025
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The University of Michigan prohibits possession of firearms on “all property owned, leased, or otherwise controlled” by the University. The ordinance, Article X, imposes criminal sanctions for firearm possession, including firearms carried openly, or concealed with a valid state license. It applies equally whether the individual is a student, employee, visitor, or patient at its hospital, allowing only for lawful firearms within a vehicle transiting campus on one of its public roads, or with permission granted by the university’s chief law enforcement officer, who is given unfettered discretion. No evidentiary record has been established. All appeals have been from the trial court’s grant of summary disposition to the university. This petition is brought based on violations of the U.S. Constitution’s Second and Fourteenth Amendments in light of state courts’ misapplication of Bruen and other cases. The Michigan Supreme Court let stand the Michigan Court of Appeals holding that the university need not comply with Bruen regarding history and tradition analysis by finding that the entire university is a “school” and therefore a “sensitive place” where the Second Amendment does not apply. This petition allows this Court to reaffirm Bruen’s framework, clarify the limits of “sensitive places,” and preserve the Second Amendment’s guarantee of selfdefense in public spaces. The question presented is: Whether the Second and Fourteenth Amendments allow a criminal ordinance that prohibits mere possession

Counsel of record

For petitioner
Steven W. Dulan
The Law Offices of Steven W. Dulan, PLC

For respondent
Adam G. Unikowsky
Jenner & Block LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 21 2025
    Petition DENIED.
  2. Mar 26 2025
    DISTRIBUTED for Conference of 4/17/2025.
  3. Mar 20 2025
    Reply of petitioner Joshua Wade filed.
  4. Mar 10 2025
    Brief amici curiae of Gun Owners of America, Inc., et al. filed.
  5. Mar 10 2025
    Brief of respondent University of Michigan in opposition filed.
  6. Feb 07 2025
    Response Requested. (Due March 10, 2025)
  7. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  8. Feb 04 2025
    Waiver of right of respondent The University of Michigan to respond filed.
  9. Jan 16 2025
    Petition for a writ of certiorari filed. (Response due February 20, 2025)