Explore The NRA Universe Of Websites

APPEARS IN News

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.

TRENDING NOW
Court Rules Federal Machinegun Law Cannot Be Justified under Bruen

News  

Tuesday, September 3, 2024

Court Rules Federal Machinegun Law Cannot Be Justified under Bruen

A district court in Kansas has ruled that the federal law prohibiting the possession of “machineguns” failed the test set out in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022).

Never Enough: German Government Pushes Knife Control in Wake of Terror Attack

News  

Tuesday, September 3, 2024

Never Enough: German Government Pushes Knife Control in Wake of Terror Attack

No summary available

California: Anti-Gun Bills Pass Legislature, Heading to Governor’s Desk

Wednesday, August 28, 2024

California: Anti-Gun Bills Pass Legislature, Heading to Governor’s Desk

Yesterday, the California legislature passed two anti-gun bills that will now head to Governor Newsom for his signature. NRA Members and Second Amendment supporters are encouraged to contact Governor Newsom today and urge him to veto ...

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Oregon: “Ghost Gun” Law Takes Effect over Labor Day Weekend

Tuesday, September 3, 2024

Oregon: “Ghost Gun” Law Takes Effect over Labor Day Weekend

Over the weekend on September 1st, House Bill 2005, Oregon’s “ghost gun” law, took effect. 

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Georgia: Governor Kemp Signs Gun Owner Financial Privacy Bill

Wednesday, April 24, 2024

Georgia: Governor Kemp Signs Gun Owner Financial Privacy Bill

On Monday, April 22nd, House Bill 1018 was signed into law by Governor Brian Kemp. HB 1018 prohibits the use of firearm/ammunition specific merchant category codes by payment processors.

Press Covers for Kamala Harris’s Clear Record on Gun Confiscation

News  

Tuesday, August 20, 2024

Press Covers for Kamala Harris’s Clear Record on Gun Confiscation

The legacy media has mostly given up the pretense of carrying out its once-professed mission – holding power to account. At this point, no reasonable person expects the regime press to cover legitimate news that ...

Attorney General Ken Paxton Sues the City of Dallas for Unlawfully Prohibiting Firearms From the Texas State Fair

Friday, August 30, 2024

Attorney General Ken Paxton Sues the City of Dallas for Unlawfully Prohibiting Firearms From the Texas State Fair

Texas Attorney General Ken Paxton's office sent out the following press release late Thursday. 

California: State Legislature Adjourns as More Gun Control Heads to the Governor’s Desk

Wednesday, September 4, 2024

California: State Legislature Adjourns as More Gun Control Heads to the Governor’s Desk

On August 31, the California legislature adjourned after passing three anti-gun bills in the final days of the 2023-2024 session. These bills will now head to Governor Newsom for his signature. Please click the Take ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.