Any update on SCOTUS conference today

Here ya go ADHD dude:

The Second Amendment cluster

The broadest story on the current docket is the accumulation of Second Amendment petitions, all pressing variations of the same question left open after the 2022 case of New York State Rifle & Pistol Association v. Bruen: what categories of commonly owned firearms and accessories fall within the Second Amendment’s protection?

The strongest vehicle in this cluster, based on the current data, is Duncan v. Bonta, on whether states can ban large-capacity magazines. Duncan has been relisted 11 times, has a confirmed en banc dissent in the U.S. Court of Appeals for the 9th Circuit below, presents a genuine circuit split on magazine capacity restrictions, and is represented by Erin Murphy of Clement & Murphy. The petition also carries a takings clause hook, challenging the requirement that owners dispossess themselves of lawfully acquired magazines without compensation. Five amicus briefs were filed at the cert stage. Across every dimension the model weighs, Duncan is a strong contender for cert.

Viramontes v. Cook County presents the assault-style rifle question directly – whether the Second and 14th Amendments protect the right to possess AR-15 platform rifles in common use. David Thompson of Cooper & Kirk represents the petitioner, the case has been relisted 11 times, and SCOTUSblog has featured it as a case to watch. The U.S. Court of Appeals for the 7th Circuit issued the opinion below as a per curiam on June 2, 2025, with no dissent – which, while not a negative signal, means the case lacks the additional cert indicator that a written dissent would provide. What gives the petition its force is the acknowledged four-to-seven circuit split on assault weapon bans and the weight of the relist count.

Grant v. Higgins presents the same assault-style rifle question from the U.S. Court of Appeals for the 2nd Circuit, also represented by Thompson and Cooper & Kirk, and relisted six times. The two cases are direct companions. If the court grants Viramontes, it will almost certainly hold Grant pending the outcome in the former case or consolidate them.

The large capacity magazine side of the cluster has two additional petitions: Gator’s Custom Guns v. Washington, a Washington Supreme Court vehicle with 11 relists and Erin Murphy as counsel again, and NAGR v. Lamont, which combines the assault rifle and LCM questions in a single 2nd Circuit petition, relisted six times.

The court is unlikely to grant all of these cases. Based on the relist clustering, the most plausible scenario is that the court grants one of the rifle cases and one of the magazine cases – though which it selects is not something the available data can resolve. …

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