Monday, April 28, 2014

No Word Yet On Drake v. Jerejian (Updated)

Examining the list of orders from the US Supreme Court issued this morning, the one obvious omission on the list was Drake et al v. Jerejian et al. This is the New Jersey case that challenges that state's requirement for the showing of justifiable need in order to obtain a carry permit.

The case was up for discussion as to whether to take it or not on Friday. As it hasn't been denied, I guess this means no news is good news.

UPDATE: Dirk Diggler reports in the comments that the SCOTUS has passed this case to this coming Friday's conference. Keep your fingers crossed.

UPDATE II: The SCOTUS passed on this again. It wasn't denied nor was it granted certiorari. Thus, for now, no news remains good news.

From Lyle Denniston at the SCOTUS Blog:
The Court also took no action on the latest attempt to get the Court to expand the Second Amendment right to possess a gun so that it applies outside the home. The case is Drake v. Jerejian, seeking to challenge a New Jersey law that requires an individual to obtain a permit to carry a handgun in public. The law requires proof that an individual has a “justifiable need” to carry a gun in public for purposes of self-defense.
Here is the link to the SCOTUS Blog's Relist Watch for this week which does mention Drake. It also notes that many of the more recent grants of certiorari have come from the relisted cases.


  1. according to the SCOTUS docket, it is being distributed for the Friday 4/25 conference:

    -Dirk Diggler

    No. 13-827
    Title: John M. Drake, et al., Petitioners
    Edward A. Jerejian, Judge, Superior Court of New Jersey, Bergen County, et al.

    Docketed: January 13, 2014
    Linked with 13A468
    Lower Ct: United States Court of Appeals for the Third Circuit
    Case Nos.: (12-1150)
    Decision Date: July 31, 2013
    Rehearing Denied: August 27, 2013

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Nov 1 2013 Application (13A468) to extend the time to file a petition for a writ of certiorari from November 25, 2013 to January 9, 2014, submitted to Justice Alito.
    Nov 6 2013 Application (13A468) granted by Justice Alito extending the time to file until January 9, 2014.
    Jan 9 2014 Petition for a writ of certiorari filed. (Response due February 12, 2014)
    Jan 31 2014 Order extending time to file response to petition to and including March 14, 2014.
    Feb 12 2014 Brief amici curiae of Gun Owners Foundation, et al. filed.
    Feb 12 2014 Brief amicus curiae of National Rifle Association of America, INc. filed.
    Feb 12 2014 Brief amici curiae of Members of Congress filed.
    Feb 12 2014 Brief amicus curiae of Center for Constitutional Jurisprudence filed.
    Feb 12 2014 Brief amici curiae of Wyoming, et al. filed.
    Feb 12 2014 Brief amicus curiae of Judicial Education Project filed.
    Feb 12 2014 Brief amici curiae of Cato Institiute, et al. filed.
    Feb 25 2014 Supplemental brief of petitioners John M. Drake, et al. filed.
    Mar 14 2014 Brief of respondents Jerejian, Manahan, Fuentes, and Hoffman in opposition filed.
    Apr 1 2014 Reply of petitioners John M. Drake, et al. filed.
    Apr 2 2014 DISTRIBUTED for Conference of April 18, 2014.
    Apr 21 2014 DISTRIBUTED for Conference of April 25, 2014.

  2. Might want to check the SCOTUSblog relist watch: they assert that every single grant for next term has been relisted at least once. The theory is that after 3 improvidently granted cases this term, they are giving grants an extra layer of scrutiny (that is they are doing provisional grants, subject to more staff scrutiny to assure the justices they are good vehicles).

  3. It has been re-listed for 2 May (this Friday).

    For those interested, please bookmark and check the docket on the relevant days. In this case, it would be Monday 5 May.

    This is all good. It means there is serious interest from the court. Few notable cases get re-listed more than once.

  4. Thanks, will watch it also... Great to see you an NRA, hope the foot gets better!