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Understanding SCOTUS Denials of Certiorari

Tuesday, June 4, 2024

Understanding SCOTUS Denials of Certiorari

On May 20, the United States Supreme Court denied certiorari in Bianchi v. Brown, a challenge to Maryland’s ban on “assault weapons.”

This denial understandably has many gun owners concerned that the Supreme Court is letting a broad ban on firearms stand in Mayland. These concerns have been exacerbated by news coverage that mischaracterizes the denial as a decision by the high court on the merits of the case. Headlines like this one from Courthouse News:

High court shoots down challenge to Maryland assault weapons ban

Fortunately for gun owners, the Supreme Court did not “shoot down” the challenge, the Court simply decided not to hear the challenge at this time.

Denying cert in a case is not a ruling on the merits of that case. The decision not to take a case is not an explicit endorsement of a lower court’s ruling. In his dissent in Darr v. Burford (1950) Justice Felix Frankfurter explained,

The significance of a denial of a petition for certiorari ought no longer to require discussion. This Court has said again and again and again that such a denial has no legal significance whatever bearing on the merits of the claim. The denial means that this Court has refused to take the case. It means nothing else.

In the Bianchi case, the Court may just be waiting for the lower court (the Fourth Circuit in this case) to issue a decision on the merits so that the case has a more fully developed record when it reaches the Supreme Court.

The Court also chose not to deny cert in a similar NRA-backed challenge to Illinois “assault weapon” ban. That case is set to be considered again in conference this week.

While the path to Supreme Court review in a case is long and sometime convoluted, gun owners should not be dissuaded by attempts to characterize mere denials of cert as a substantive decision by the Court.

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“Political Grief,” Gun Control, and Guilt by Association

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Monday, February 3, 2025

“Political Grief,” Gun Control, and Guilt by Association

Across the country, voters disappointed with President Trump’s election are coping with their feelings in various ways.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

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Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

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Colorado: Senate Postpones Vote on Semi-Auto Ban

Friday, January 31, 2025

Colorado: Senate Postpones Vote on Semi-Auto Ban

Today, January 31st, the State Senate postponed the floor vote for Senate Bill 25-003, the near all-encompassing semi-automatic ban. The vote has been rescheduled for next Friday, February 7th.

Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Friday, January 31, 2025

Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Yesterday, the Fifth Circuit Court of Appeals held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

Maine: Democrats Deal Major Blow to Anti-Gun Referendum

Wednesday, January 29, 2025

Maine: Democrats Deal Major Blow to Anti-Gun Referendum

Less than a week after holding a press conference praising themselves for running a paid signature effort that gathered a qualifying number of signatures to put an extreme Red Flag referendum on the 2025 ballot, ...

Expanded Gun Rights in the U.S. Virgin Islands?

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Monday, February 3, 2025

Expanded Gun Rights in the U.S. Virgin Islands?

The reelection of Donald Trump as President of the United States hasn’t just signaled a return to sanity in the White House when it comes to the Second Amendment.  His outspoken support for our right to ...

Washington: Financial Discrimination and Insurance Mandate Introduced

Monday, January 27, 2025

Washington: Financial Discrimination and Insurance Mandate Introduced

Washington anti-gun legislators continue their attack on law-abiding gun owners by introducing legislation to move the goal posts on lawful gun ownership. Last Friday, House Bill 1504 was introduced, requiring gun owners prove they are "financially ...

New York: Smart Gun Legislation Receives Approval in First Assembly Committee - Take Action Now!

Tuesday, January 28, 2025

New York: Smart Gun Legislation Receives Approval in First Assembly Committee - Take Action Now!

Out-of-control crime is currently one of the top issues for New Yorkers. While citizens of the Empire State suffer, Albany politicians continue to play games with far-fetched gun control schemes. On Tuesday, rather than pursue real ...

Utah: Extreme Gun Ban Bill Being Heard in Committee Today!

Friday, January 31, 2025

Utah: Extreme Gun Ban Bill Being Heard in Committee Today!

Today at 2:00pm the Senate Natural Resources Committee will hear Senate Bill 130, a 52-page anti-gun omnibus bill that will severely restrict Second Amendment rights in Utah. 

Colorado: Semi-Auto Ban Passes Senate Committee

Wednesday, January 29, 2025

Colorado: Semi-Auto Ban Passes Senate Committee

Just before midnight on Tuesday, January 28th, the Senate State, Veterans, & Military Affairs Committee passed Senate Bill 25-003, the all-encompassing ban on semi-automatic firearms, by a margin of 3-2.

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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.