The Supreme Court Speaks: What Say You, Solicitor General?

supreme-court

Evidently the Virginia State Bar is taking the position that lawyers’ blogs are de facto attorney advertising, and requires a disclaimer on each post that discusses a case an attorney has been involved with, regardless of the content of that post.

So in an attempt to satisfy the Bar, we are adding this disclaimer at the top of any blog posts that mention a case that Cloudigy attorneys have ever worked on:

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND THE RESULTS OBTAINED IN THIS CASE (OR GENERAL INFORMATION WE REPORT ABOUT THE CASE) DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAWYERS.

Now, on to the case update.

If you’ve been following our blog, you know that we filed a petition for certiorari to the Supreme Court. If you haven’t, here’s a quick summary:

Our client, Sean Masciandaro, was arrested for possessing a loaded weapon in his car on National Park Service land. Actually, it was in his trunk in a gun case while he was sleeping in a parking lot off the George Washington Memorial Parkway in Virginia.

Mr. Masciandaro is challenging the Park Service regulation because it violates his Second Amendment right to keep a loaded weapon for self-defense outside his home. The U.S. Court of Appeals for the Fourth Circuit recently upheld his conviction for violation of this regulation and decided not to “decide” whether he has this right. So we asked the Supreme Court to take the case. (Read our previous posts, which describe the case in more detail, here and here.)

Yesterday yielded another positive development in the Masciandaro case. The Court has asked the Solicitor General to respond to our petition by September 8.

This is good news, because without a response, the petition would certainly have been denied. This means that at least one Justice is interested in this case!

Don’t be surprised if the Solicitor General asks for more time to respond, because they’re pretty busy.

Keep checking back for the latest news on this case.

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