Zoie H. v. Nebraska
ssue: Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commission of an offense while denying the accused a right to a jury trial for that offense.
It would be nice to see a clear ruling from SCOTUS that due process protections apply to the 2nd...
Our friends have filed an amici:
https://www.supremecourt.gov/DocketPDF/19/19-1418/148660/20200724155714092_19-1418-Law%20Professors-Amicus.pdf
Nebraska prohibits some nonviolent juvenile offenders from possessing firearms until the age of 25 — well past the age of majority. The accused juveniles are not entitled to a jury trial. There is no historical justification for such a prohibition, and it is irreconcilable with the fundamental nature of the right to keep and bear arms.
By concluding that the deprivation of Second Amendment rights is not sufficiently serious to trigger the right to a jury trial, the Supreme Court of Nebraska treated the Second Amendment as a second-class right.
Exactly.
