Supreme Court of the United States · Official docket →
James P. Cusick, Sr. v. Department of Justice
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-1963 · judgment February 10, 2026
Questions presented
OUESTION(S) PRESENTED
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Is the National Instant Criminal Background Check System (NICS) constitutional or not ?
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Does the American government have a right to violate the specific words of the Second Amendment ? That the right of the people to bear arms shall not be infringed.
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Can an individual citizen claim his right under the Constitution as it is written? That a citizen already has the right to keep and bear arms and that the government shall not infringe on that, or is that no longer the reality in the United States ?
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Can the government deny any other Constitutional right by a similar easy process? LIST OF PARTIES All parties appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows:
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James P Cusick Sr 24395 old Hollywood Rd Hollywood, MD. 20636-2141
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The U. S, Dept of Justice 950 Pennsylvania Ave. NW Washington, D.C. 20530-0001 In the District Court for Maryland, Cusick was the Plaintiff / Complainant. The D.O. J. was the Defendant. In the U.S. Fourth Circuit, Cusick was the Plaintiff-Appellant. The D.O. J. was the Defendant-Appellee.
Counsel of record
For petitioner
James P. Cusick Sr.
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, June 8, 2026 · Certiorari denied
Proceedings
- Jun 08 2026Petition DENIED.
- May 20 2026DISTRIBUTED for Conference of 6/4/2026.
- May 15 2026Waiver of right of respondent Dept. of Justice to respond filed.
- Apr 20 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2026)