Joshua Wade v. University of Michigan

Michigan Supreme Court

Joshua Wade v. University of Michigan

DecidedNovember 6, 2020

Docket156150

StatusPublished

This text of Joshua Wade v. University of Michigan (Joshua Wade v. University of Michigan) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joshua Wade v. University of Michigan, (Mich. 2020).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

November 6, 2020 Bridget M. McCormack, Chief Justice

156150 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra JOSHUA WADE, Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 156150 COA: 330555 Ct of Claims: 15-000129-MZ UNIVERSITY OF MICHIGAN, Defendant-Appellee. _________________________________________/

By order of May 22, 2019, the application for leave to appeal the June 6, 2017 judgment of the Court of Appeals was held in abeyance pending the decision in New York State Rifle & Pistol Ass’n, Inc v City of New York, 590 US ___ (2020) (Docket No. 18- 280). On order of the Court, the case having been decided on May 29, 2020, the application is again considered, and it is GRANTED. The parties shall address: (1) whether the two- part analysis applied by the Court of Appeals is consistent with District of Columbia v Heller, 554 US 570 (2008), and McDonald v Chicago, 561 US 742 (2010), cf. Rogers v Grewal, 140 S Ct 1865, 1867 (2020) (Thomas, J., dissenting); (2) if so, whether intermediate or strict judicial scrutiny applies in this case; and (3) whether the University of Michigan’s firearm policy is violative of the Second Amendment, considering among other factors whether this policy reflects historical or traditional firearm restrictions within a university setting and whether it is relevant to consider this policy in light of the University’s geographic breadth within the city of Ann Arbor.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

BERNSTEIN, J., not participating.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 6, 2020 a1103 Clerk

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Order Michigan Supreme Court Lansing, Michigan

November 6, 2020 Bridget M. McCormack, Chief Justice

156150 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra JOSHUA WADE, Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 156150 COA: 330555 Ct of Claims: 15-000129-MZ UNIVERSITY OF MICHIGAN, Defendant-Appellee. _________________________________________/

By order of May 22, 2019, the application for leave to appeal the June 6, 2017 judgment of the Court of Appeals was held in abeyance pending the decision in New York State Rifle & Pistol Ass’n, Inc v City of New York, 590 US ___ (2020) (Docket No. 18- 280). On order of the Court, the case having been decided on May 29, 2020, the application is again considered, and it is GRANTED. The parties shall address: (1) whether the two- part analysis applied by the Court of Appeals is consistent with District of Columbia v Heller, 554 US 570 (2008), and McDonald v Chicago, 561 US 742 (2010), cf. Rogers v Grewal, 140 S Ct 1865, 1867 (2020) (Thomas, J., dissenting); (2) if so, whether intermediate or strict judicial scrutiny applies in this case; and (3) whether the University of Michigan’s firearm policy is violative of the Second Amendment, considering among other factors whether this policy reflects historical or traditional firearm restrictions within a university setting and whether it is relevant to consider this policy in light of the University’s geographic breadth within the city of Ann Arbor.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

BERNSTEIN, J., not participating.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 6, 2020 a1103 Clerk

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Joshua Wade v. University of Michigan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-wade-v-university-of-michigan-mich-2020.

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