United States v. Rahimi
(Filed: Aug. 18, 2023, Opinion: Jun. 21, 2024)
In this case, the United States Supreme Court will decide whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.
Representing 97Percent, a bipartisan group of gun owners and non-gun owners focused on finding common-sense solutions for gun violence while respecting Second Amendment rights, Upper Seven Law submitted an amici curiae brief to the Supreme Court, arguing that section 922(g)(8) does not violate the Second Amendment. Taking firearms away from dangerous domestic abusers is a sensible gun regulation that all Montanans can support.
Filings
Amicus Brief (Aug. 17, 2023)
Press
SCOTUSblog - United States v. Rahimi
Holding: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.
Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on June 21, 2024. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined. Justices Gorsuch, Kavanaugh, Barrett, and Jackson filed concurring opinions. Justice Thomas filed a dissenting opinion.
Filings
Amicus Brief (Sep. 23, 2022)
Press
Holding: The provisions of the Federal Nursing Home Amendments Act of 1987 at issue unambiguously create rights enforceable under 42 U.S.C. § 1983, and private enforcement under Section 1983 is compatible with the FNHRA’s remedial scheme.
Judgment: Affirmed, 7-2, in an opinion by Justice Jackson on June 8, 2023. Justice Gorsuch filed a concurring opinion. Justice Barrett filed a concurring opinion, in which Chief Justice Roberts joined. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.