No. 20-855

Maryland Shall Issue, Inc., et al. v. Lawrence J. Hogan, Jr., Governor of Maryland

Lower Court: Fourth Circuit
Docketed: 2020-12-29
Status: Denied
Type: Paid
Amici (3)
Tags: certification certification-doctrine constitutional-interpretation due-process horne-v-department-of-agriculture maryland-constitution personal-property property-rights takings-clause
Latest Conference: 2021-04-30
Question Presented (from Petition)

1. Whether the Fourth Circuit erred in ruling that this Court's holding in Horne that appropriations of personal property and real property must be treated "alike" under the Takings Clause applies only where the statute requires that the owner "turn over" the personal property to the government or a third party.

2. Whether the Fourth Circuit erred, under Arizonans for Official English v. Arizona, 520 U.S. 43 (1997), Lehman Brothers v. Schein, 416 U.S. 386 (1974), Elkins v. Moreno, 435 U.S. 647 (1978), and McKesson v. Doe, --- S.Ct. ---, 2020 WL 6385692 (Nov. 2, 2020), in failing to consider whether to certify petitioners' Maryland constitutional claims to Maryland's highest court pursuant to a Maryland statute allowing such certifications.

Question Presented (AI Summary)

Whether the Takings Clause protects lawfully acquired personal property banned by the State legislature

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-04-12
Reply of petitioners Maryland Shall Issue, Inc., et al. filed.
2021-03-29
Brief of respondent Lawrence Hogan, Governor of Maryland in opposition filed.
2021-01-28
Brief amicus curiae of The Cato Institute filed.
2021-01-28
Brief amicus curiae of Firearms Policy Coalition filed.
2021-01-21
Brief amici curiae of David Codrea, Scott Heuman, Owen Monroe filed.
2021-01-04
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
2020-12-31
Motion to extend the time to file a response from January 28, 2021 to March 29, 2021, submitted to The Clerk.
2020-12-29
Blanket Consent filed by Petitioner, Maryland Shall Issue, Inc., et al.
2020-12-21
Petition for a writ of certiorari filed. (Response due January 28, 2021)

Attorneys

David Codrea, Scott Heuman, Owen Monroe
Stephen Dean StambouliehStamboulieh Law, PLLC, Amicus
Firearms Policy Coalition
Joseph Gary Samuel GreenleeFirearms Policy Coalition, Amicus
Lawrence Hogan, Governor of Maryland
Adam D. Snyder — Respondent
Maryland Shall Issue, Inc., et al.
Mark William PennakMaryland Shall Issue, Inc., Petitioner
The Cato Institute
Ilya ShapiroCato Institute, Amicus