(The Center Square) – The U.S. Supreme Court has granted a motion for the U.S. Solicitor General to participate in oral arguments in a case challenging gun bans in Cook County, Illinois, and Connecticut, the court announced Monday.
The consolidated case Viramontes v. Cook County is set to be heard Dec. 2 by justices on the high court, according to the court docket. Monday, the court granted Solicitor General John Sauer’s motion to divvy up oral arguments so they can take part in the case.
In September, Sauer and others from the U.S. Department of Justice filed an amicus brief saying that history and precedent foreclose bans on arms that are in common use for lawful purposes, and included AR-15 rifles in the category of “arms.”
“The overwhelming majority of AR-15 owners possess those rifles for the lawful purposes to which they are adapted, such as self-defense in the home, hunting, and target shooting,” the September filing said. “A ban on possessing such rifles thus violates the Second Amendment.”
That’s not the only update in the case. A few days before Halloween, an attorney for Cutberto Viramontes filed a motion to have his name dismissed from the case.
“This motion does not apply to any other petitioner. No other petitioner is seeking dismissal, so this case remains pending as to all other petitioners,” Counsel of record David H. Thompson said in the Oct. 29 filing.
Thompson didn’t immediately return an email asking for more details why Viramontes is looking to withdraw. An executive with Cooper & Kirk, the law firm Thompson works for, did not immediately return a voicemail from The Center Square.
Friday, Cook County filed a suggestion of mootness.
“In his motion, Viramontes did not provide a basis for his request, nor did he submit a declaration to demonstrate that the membership associations continue to have standing,” attorneys for Cook County said in their filing. “Without Viramontes’ involvement, it is doubtful that any petitioner has Article III standing to litigate the question presented.”
Cook County attorneys argue one of the remaining plaintiffs, Christopher Khaya, does not have standing because he stated that he wishes to obtain an Industrial Military Industries Galil semiautomatic rifle, not an AR-15-style weapon. Firearms Policy Coalition, Inc., and Second Amendment Foundation also remain as plaintiffs in the case. They said the IMI Galil semiautomatic firearms are is something more in line with the AK-47-style firearms.
“While the Cook County ordinance applies to AK47-style weapons, the question presented in this Court is specifically limited to ‘AR-15 platform and similar semiautomatic rifles,’” the attorneys argue.
The National Association for Gun Rights said there have been concerns Viramontes pulling out could affect the case.
“Gun owners shouldn’t worry,” the group said on X. “Viramontes was just one of several individuals and organizations behind this challenge. Most likely, the only thing that changes is the name of the case.”
