October 3, 2025
Undoubtedly, the most significant Supreme Court news today was that the Court granted certiorari in five cases (why the Court couldn't wait until three days from now for their scheduled order list to announce these grants, of course, remains a mystery). Those cases are listed below.
Wolford v. Lopez is a major gun rights case where the petitioners want the Court to invalidate a Hawaii gun control law as unconstitutional. The law in question makes it illegal for someone with a concealed-carry permit to concealed carry a firearm onto someone else's property unless “given express authorization to carry a firearm on the property by the owner, lessee, operator, or manager of the property.” The petition originally presented two questions, of which the Court pointedly decided only to grant cert on the first:
1. Whether the Ninth Circuit erred in holding, in direct conflict with the Second Circuit, that Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier?
2. Whether the Ninth Circuit erred in solely relying on post-Reconstruction Era and later laws in applying Bruen's text, history and tradition test in direct conflict with the holdings of the Third, Fifth, Eighth and Eleventh Circuits?
Since the second question, from what I can tell, is more focused on other Hawaii statutes banning people from carrying guns into certain categories of locations, it looks like the Court will not be deciding whether those statutes are unconstitutional. Instead, the Court will only decide whether the private-property concealed-carry ban is constitutional. Of course, given the Court's well-documented tendency to strike down gun laws for violating the Second Amendment, the petitioners have an excellent chance of success here.
Montgomery v. Caribe Transport II, LLC is a relatively boring case about whether a specific federal law preempts state laws allowing for civil suits for negligence in the context of selecting a driver of a motor vehicle.
24-699 and 24-983 are both about the same federal law allowing Americans to sue someone who is trafficking in property belonging to the American person that was then seized by the Castro regime in Cuba.
Today, eight petitions where the petitioner was represented by an attorney were docketed.
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