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Michaels v. Whitaker

Petition for certiorari denied on January 14, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-496 9th Cir. N/A N/A N/A N/A OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.

Issues: In determining whether a felon is entitled to lodge an as-applied challenge to the constitutionality of a felon disarmament law such as 18 U.S.C. §922(g)(1), (1) what does the phrase “law-abiding, responsible citizens” in District of Columbia v. Heller mean; and (2) what does it mean that “longstanding prohibitions on the possession of firearms by felons” are “presumptively lawful regulatory measures” under Heller.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 27 2018Petition for a writ of certiorari filed. (Response due November 16, 2018)
Nov 07 2018Motion to extend the time to file a response from November 16, 2018 to December 17, 2018, submitted to The Clerk.
Nov 09 2018Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018.
Nov 16 2018Motion to substitute filed by petitioner.
Nov 26 2018Amicus brief of Morton Rosenberg not accepted for filing. (November 29, 2018) (Corrected version submitted)
Nov 26 2018Response to motion to substitute from respondents filed.
Nov 26 2018Motion for leave to file amicus brief filed by Morton Rosenberg. (11/29/2018)
Nov 28 2018Reply in support of motion to substitute filed by petitioner.
Dec 17 2018Brief of respondents Matthew G. Whitaker, Acting Attorney General, et al. in opposition filed.
Dec 21 2018Reply of petitioner Barry Michaels filed.
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019Motion to substitute DENIED.
Jan 14 2019Petition DENIED.