search
top

No New SCOTUS Cases

SCOTUS has denied, without comment, all firearms cases before them.

I know Sebastian will comment more on this later, but I would just point out that rather than trying to rely on courts, this is a great reminder that we need to make improvements politically in 2014.

7 Responses to “No New SCOTUS Cases”

  1. Cynical Lawyer (in Delaware) says:

    They haven’t acted on the cert petition in Drake v. Jerejian (the NJ carry permit case) yet. Agree with the broader point, though.

  2. Missing Link says:

    It sucks from the 2A point of view, but its not all gloom and doom either. The Supremes are the final court of everything, and have the resources only for a small number of cases that are requested to be heard by them. In choosing which cases to take, they want (a) a body of decisions from lower courts, (b) a split in the circuits, since if all circuits decide the same way, there’s no reason for the Supreme Court to intervene on most issues, (c) a compelling national interest that exceeds the interests of the parties involved.

    The best way to look at SCOTUS certs is that most are denied and a denial really doesn’t mean much.

    But on a more positive note, Drake has an excellent chance of being granted cert as it meets all of the conditions. And by excellent, I mean its probably as high as 5.5% or even 6% instead of the normal 5%.

    All kidding aside, the Peruta decision seems like it was written for both the 9th circuit and to help push for cert in Drake.

  3. Joe says:

    SCOTUS will hear them all when Obama can replace one of the Heller 5 with more Soviet-Communist scum! Get over it guys, the NSA has dirt on all of the Heller 5! Why do you think Roberts up-held Ocommunistcare?

    • Jim Jones says:

      Given that Roberts has been rumored to have changed his vote after initially voting to strike down the mandate (and with it, the entire law that contained no severability clause), you unfortunately might be on to something.

  4. Patrick says:

    The Supreme Court has not denied all gun cases before them. Of the big cases people here may be aware of, the NJ carry case is still active and waiting for petition review.

    That case, Drake is Supreme Court Docket 13-827 and the link to the docket page is: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-827.htm

    The cases denied today are the ones challenging laws denying those under 21 from purchase/carry of handguns. This was not surprising. The right to carry in public does need to be evaluated, but tacking on “under 21” at the same time is basically asking two big questions at one time.

    I am personally hopeful for Drake, given the recent Peruta non-appeal and the resultant big circuit split. But ya never know with these guys…

    • Patrick says:

      To be complete, Lane v Holder was also denied and had nothing to do with age. It challenged the idea that you had to use an in-state FFL to buy your firearm when it is shipped from afar. This is an issue in DC, where only one FFL is based and where the city essentially bans all others. It’d be easier to go into Virginia.

  5. Erik F says:

    I think Patrick has it right. The NRA cases were premature. The Court would prefer a “clean” case that simply asks the question, “does the RKBA stop at one’s doorstep?”

    When they denied Woollard, the speculation was that they were waiting to see if the lower courts could hash the issue out. We now have two Circuits (9th and 7th) split with three others (2nd, 3rd, and 4th), and that pretty much demands intervention from SCOTUS.

    Assuming that hunch is correct, we’re left with Drake, which is a great case and is being run by Alan Gura.

Trackbacks/Pingbacks

  1. SayUncle » Denied - […] Supreme Court denies, without comment, all the firearms cases before them. […]
  2. Anti-Gun Forces Pushing for En Banc | Shall Not Be Questioned - […] even now sheriffs are being deluged with concealed carry license applications. The Supreme Court, having rejected several new gun…
top