SCOTUS Adds DOJ to Dec. 2 Arguments as Cook County Mootness Bid Stalls

The Supreme Court is moving ahead with oral arguments on AR-15-style rifle bans on December 2, and a last-minute mootness play out of Cook County isn't derailing it.

Snapshot

Bearing Arms columnist Cam Edwards breaks down the Court's latest orders list, which grants Solicitor General D. John Sauer's request for the DOJ to take part in oral arguments over state and county "assault weapon" bans. The justices have not yet ruled on lead plaintiff Cutberto Viramontes's request to withdraw from the Cook County case or Cook County's bid to have that suit declared moot as a result.

Key points

• DOJ gets a seat at the table: SCOTUS granted Sauer's motion to argue on December 2, with the Trump administration's DOJ already on record opposing the semi-auto bans.
• Viramontes exit still pending: The Court hasn't acted yet on his unexplained request to drop out, or on Cook County State's Attorney Eileen O'Neill Burke's mootness argument.
• Other plaintiffs remain: Edwards notes individual and organizational co-plaintiffs in the Cook County suit could preserve standing even if Viramontes is let go.
• Connecticut case unaffected either way: Even if Cook County's suit were tossed, the consolidated Connecticut challenge stays before the Court on December 2.
• Silence from Viramontes: He declined to explain his withdrawal to reporters, while Everytown's Janet Carter called the move "unprecedented" and demanded transparency.

Quick take

Edwards argues Cook County's procedural maneuver is unlikely to spare its ban from review, and that the core constitutional question about AR-15s and similar rifles is reaching the Court regardless of one plaintiff's choice to step back.

Read the full story: bearingarms.com