On May 1, Supreme Court Justice Amy Coney Barrett agreed to hear an emergency application that could wipe out any state and local laws banning assault weapons and high-capacity magazines in all 50 states. That means that once again, the court could use the so-called “shadow docket” to rule on a highly controversial political issue.
In National Association for Gun Rights v. City of Naperville, a gun shop owner and a gun rights group are challenging a Naperville, Illinois, ordinance and a similar state law that ban ownership of the weapons and ammunition. The gun shop owner claims that his business is being harmed by the bans and that they are a violation of the Second Amendment. The laws were passed after last year’s mass shooting at an Independence Day parade in Highland Park.
The plaintiffs asked a district court for a temporary restraining order and a preliminary injunction to block enforcement of the laws, and were denied. They appealed that decision and asked the Seventh Circuit court for an emergency injunction pending that appeal. The circuit court rejected the motion, so the plaintiffs went to the Supreme Court and the appeal landed in Barrett’s lap, as she’s the justice for that circuit. It’s up to her and her fellow justices to either decide the matter in the shadows with no public arguments and no discussion (hence the “shadow docket”), or refer it to the full court for consideration.
