Joshua Wade v. University of Michigan ( 2020 )

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 U.S. 570 (2008), and McDonald v Chicago, 561 U.S. 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