Supreme Court of the United States · Official docket →
Michael Celestine v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-30506 · judgment May 14, 2026
Questions presented
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Whether 18 U.S.C. § 922(g)(1)’s prohibition on mere firearm possession exceeds the scope of Congress’s power to regulate interstate and foreign commerce, both facially and applied to Mr. Celestine and, relatedly, whether this Court should revisit Scarborough v. United States, 431 U.S. 563, 575 (1977), in light of the Court’s more recent Commerce Clause precedent.
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Whether § 922(g)(1) is unconstitutionally vague, either facially or as applied to Mr. Celestine, and, more fundamentally, whether a statute prohibiting conduct protected by the Second Amendment should be subject to facial or as-applied void-for-vagueness scrutiny.
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Whether § 922(g)(1) is unconstitutional under the Second Amendment, either facially or as applied to Mr. Celestine.
Counsel of record
For petitioner
Celia Rhoads
Federal Public Defender - EDLA
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
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Proceedings
- Oct 14 2026Memorandum of respondent United States filed.
- Sep 14 2026Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2026.
- Sep 11 2026Motion to extend the time to file a response from September 14, 2026 to October 14, 2026, submitted to The Clerk.
- Aug 21 2026Letter from the Solicitor General withdrawing waiver of right to file a response filed.
- Aug 19 2026Waiver of right of respondent United States to respond filed. (Withdrawn by letter of 8/21/26)
- Aug 12 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)