Friday, April 7th, 2023

Certiorari petition to watch: United States v. Rahimi, No. 22-915

In United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023), the Fifth Circuit held that 18 U.S.C. § 922(g)(8), criminalizing firearm possession by a person subject to a domestic violence restraining order, was facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, — U.S. –, 142 S. Ct. 2111 (2022). In doing so, it became the first — and only — circuit to invalidate a federal criminal statute on Second Amendment grounds.

Within weeks, the government filed a “highly expedited” Supreme Court petition, acknowledging the lack of a Circuit split but contending that the Fifth Circuit’s decision was incorrect, had “significant disruptive consequences,” and “threatens grave harm for victims of domestic violence.”

Rahimi’s response is due on April 20, 2023. Amicus briefs should be due 30 days after that. Bruen aficionados: keep your eyes peeled and start hitting refresh on that docket.

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