Supreme Court Lets DOJ Join December Arguments on AR-15 Bans

The Supreme Court is pressing ahead with its review of "assault weapons" bans on AR-15-style rifles, granting the Trump administration's DOJ a seat at the December 2 oral arguments table even as Cook County, Illinois tries to use a plaintiff's surprise withdrawal to get its case tossed as moot.

Snapshot

Bearing Arms reports that the Court's Monday orders list sidestepped the dispute over lead plaintiff Cutberto Viramontes's unexplained request to drop out of the Cook County challenge, instead approving Solicitor General D. John Sauer's motion to argue against the ban. The piece contends that even if Cook County's case gets dismissed, the consolidated Connecticut case keeps the core Second Amendment question alive.

Key points

• DOJ gets its say: The justices granted Solicitor General Sauer's request to participate in December 2 oral arguments, after the administration already filed a brief opposing the bans.
• Mootness bid unresolved: Cook County State's Attorney Eileen O'Neill Burke is arguing the case is moot now that Viramontes wants out, but the Court hasn't ruled on either request yet.
• Author's prediction: Bearing Arms' Cam Edwards argues the justices could simply keep Viramontes in the case or let other plaintiffs carry it forward, making a mootness dismissal unlikely.
• Connecticut backstop: Even a dismissed Cook County case wouldn't stop the Connecticut ban challenge from reaching the Court, per the article.
• No explanation given: Viramontes declined to say why he wants out, a silence Everytown's Janet Carter called "unprecedented," according to the piece.

Quick take

This is the procedural lead-up to arguments that could decide whether AR-15s and similar rifles are constitutionally protected nationwide, so any shooter in a banned-state should be watching December 2 closely regardless of how the Cook County sideshow resolves.

Read the full story: bearingarms.com