Opinion
Last week, after they were re-listed for conference 15 times, the U.S. Supreme Court finally denied petitions for review on two major Second Amendment cases, with just one vote shy of the four needed for review.
Snope v. Brown was an appeal of a case upholding Maryland’s ban on semi-automatic rifles such as the AR-15. NRA had filed an amicus brief in the case. The Fourth Circuit denied a Second Amendment challenge to the ban by, among other things, holding that such rifles are not “arms” under the Second Amendment.
The second petition denied was Ocean State Tactical v. Rhode Island, an appeal pertaining to Rhode Island’s magazine capacity limit. The Court of Appeals for the First Circuit left the law in place by erroneously holding that the ban on standard capacity magazines does not put a “meaningful burden” on the right to keep and bear arms for self-defense and additionally does not violate the Bruen test under a historical tradition of regulating firearms.
These two challenges on critical Second Amendment issues expended considerable time and resources on their way to the U.S. Supreme Court, and the Snope case, in particular, appeared very well suited for review.
So, what is the court waiting for to take up these questions?
Apparently, more opinions. It is a disappointing outcome and approach, but NRA continues to be up to the legal task of continuing the work of challenging similar gun and magazine bans in California, Delaware, Illinois, New Jersey, Oregon, and Washington. As litigation continues, so the thinking goes, the issues will be more thoroughly vetted and ripe for Supreme Court consideration.
Justice Thomas’ dissent followed closely with his previous dissents in these types of cases, stating:
I would not wait to decide whether the government can ban the most popular rifle in America. That question is of critical importance to tens of millions of law-abiding AR–15 owners throughout the country. We have avoided deciding it for a full decade …
While Justices Alito and Gorsuch indicated they would have granted review in both cases, Justice Kavanaugh issued a statement “respecting the denial of certiorari” that specifically addressed AR-15s and implied the Court is likely to take up a similar case in the future. “Opinions from other Courts of Appeals should assist this Court’s ultimate decision making on the AR–15 issue,” Kavanaugh wrote. “Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two.”
Whether any of the pending cases are likely to substantially illuminate the issue in ways not seen to date is certainly a debatable proposition. But, as our article this week on the Court’s unanimous decision in Smith & Wesson Brands v. Estados Unidos Mexicanos demonstrates, there is a limit to the foolishness the justices will tolerate. It’s hard to imagine, moreover, anything more foolish a judicial decision claiming America’s most popular rifle is somehow not a Second Amendment arm.
SCOTUS Avoidance of Semi-Auto and Magazine Ban Cases Eroding Respect for Law
SCOTUS is Right About This – It Will Need to Address State Gun Bans
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
The 2nd doesn’t say shall not be “meaningfully burdened”. It says, “SHALL NOT BE INFRINGED” Pretty simple.
Undeniable, that scotus is failing the People. There is no need for more cases or to let the issue percolate or stew: the question of whether state and federal gov can ban or restrict or limit or license or require permits for firearms and their accessories is settled by the BOR…THEY CAN’T. Gov was denied any and all power over the right to keep and bear arms.
SCROTUS is irrelevant and have made themselves so.
It’s very bad for SCOTUS to not be taking up any of the 2A cases. Guessing they would rather have a civil war iron things out.
SCrOTUS denying 2A cases make me think someone if not more, are on the Epstein list and it is being used against them.
Sometimes it it seems that SCOTUS is trying to maintain some kind of balance. Throw a bone to the Left and a bone to the Right, nobody gets everything they want, nobody gets too pi$$ed off. However, that’s not their job. Maybe our bone this time around was the Smith and Wesson ruling. It is an important ruling, but the Second Amendment remains a second-class right.
As more states stomp on the 2nd Amendment the high court will continue to ignore. Up until the point where more states than not have banned anything and everything scary. At that point the Supreme Court will listen to the case and say since it’s pretty mainstream to ban everything the bans can stay.
They can only ban something if citizens acquiesce and accept the ban….as we have done for 100 years…. emboldening them. Sadly, they don’t fear pissed off citizens. Haven’t heard the actual motives of the MN congress critter shooter, but is it possible that he may have a point….
Justice Thomas could have added some poignant reminders He said, “I would not wait to decide whether the government can ban the most popular rifle in America. That question is of critical importance to tens of millions of law-abiding AR–15 owners throughout the country. We have avoided deciding it for a full decade.…” I would have added something along the lines of “…a full decade…which has needlessly cost taxpayers millions of dollars in court costs, cluttered multiple court systems with needless time-sucking cases, and needlessly obstructed the Rights of American Citizens and obstructed interstate commerce by blocking lawful commerce and… Read more »
various states have been thumbing their noses at McDonald, Heller and Bruen. The Supreme Court have to take these cases and decide once and for all which side of the issue is the correct one. We need Kagen, Santomayor, Roberts and Jackson to be replaced soon with a real conservative justice