The Volokh Conspiracy

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Michigan S. Ct. Will Decide Whether the Second Amendment Applies at Public Universities


The decision below (Wade v. University of Michigan) upheld the University of Michigan's general ban on gun possession on university property; Friday, the Michigan Supreme Court agreed to hear the case:

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 [U.S. Supreme Court] decision in New York State Rifle & Pistol Ass'n, Inc v City of New York (2020)…. [That] 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 (2008), and McDonald v Chicago (2010), cf. Rogers v Grewal (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.