Explore The NRA Universe Of Websites

APPEARS IN News

Supreme Court’s Inaction Frustrates Second Amendment Supporters, Emboldens Anti-gun Activists

Monday, June 22, 2020

Supreme Court’s Inaction Frustrates Second Amendment Supporters, Emboldens Anti-gun Activists

Gun owners are by now used to being disappointed with the U.S. Supreme Court’s refusal to uphold their rights or even to defend its own Second Amendment precedents. But the court’s neglect reached a new low last Monday, with its sweeping decision to deny review of the many Second Amendment cases pending on its docket.

At issue were 10 petitions that offered the court opportunities to clarify the most important and contentious issues in the modern Second Amendment landscape, controversies that in some cases have led to radically different approaches by public officials and the lower courts.

The high court, however, passed on all of them. The Supreme Court’s most recent “punt” prompted outrage not only from pro-gun activists, but by members of the court itself who remain committed to upholding Second Amendment rights.

Justice Clarence Thomas, who has long criticized his colleagues’ neglect of the Second Amendment, chose the NRA-backed case of Rogers v. Grewal to renew his objections to what he characterized as “the Court simply look[ing] the other way” on infringements of the right to keep and bear arms.

The Rogers petition asked the Supreme Court to review a decision from the Third Circuit that upheld New Jersey’s “may-issue” concealed carry regime, effectively allowing New Jersey officials to deny ordinary citizens the right to bear arms in public for self-defense.

In a 19-page dissent from the court’s refusal to hear the case, Thomas argued that the court should have granted review, that the Second Amendment protects a right to bear arms in public for self-defense, and that New Jersey’s “may-issue” regime violates that right. Trump appointee Justice Brett Kavanaugh joined Thomas in dissent.  

Thomas wrote that “many courts have resisted our decisions in Heller and McDonald” by ignoring its analytical approach and substituting a “made up” test with no basis in the Second Amendment or the Supreme Court’s precedents on that provision. Moreover, he stated, the lower courts’ application of that test “has yielded analyses that are entirely inconsistent with Heller,” which “cautioned that ‘[a] constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all’”.

“[W]e explicitly rejected the invitation to evaluate Second Amendment challenges under an ‘interest-balancing inquiry, with the interests protected by the Second Amendment on one side and the governmental public-safety concerns on the other,’” Thomas reminded the court. “But the application of the test adopted by the courts of appeals has devolved into just that,” he said.

While bystanders can only speculate on the reason the court continues to “look the other way” on the Second Amendment, at least two clear implications for gun owners emerge from this latest development.

One, they must continue to support President Trump’s unprecedented efforts to seat fearless and unapologetic constitutionalists to all levels of the federal courts.

Second, they must redouble their activism in the political sphere to ensure that if the courts too often won’t respect their rights, their elected officials will.

As always, your NRA will be at the forefront of these and other efforts to protect the right to keep and bear arms.

IN THIS ARTICLE
U.S. Supreme Court
TRENDING NOW
MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

Wednesday, March 12, 2025

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

Saturday, March 8, 2025

New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

In 2023, New Mexico Governor Michelle Lujan Grisham issued an executive order declaring gun violence a “public health emergency” and banning the carry of firearms in various locations throughout the state.

Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

News  

Monday, March 10, 2025

Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

Yesterday, the U.S. Supreme Court heard oral arguments in a case in which the Mexican government is attempting to hold members of the U.S. gun industry financially liable for drug cartel violence south of the border.

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

News  

Monday, March 10, 2025

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

Several years ago, a seven-year-old boy was suspended from school for chewing his breakfast pastry into the shape of a gun and pretending to fire it at his second grade classmates. A school official stated the child ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

News  

Friday, March 7, 2025

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

On March 5th U.S. Senator Mike Lee (R-UT) and U.S. Representative Mark Green (R-TN-07) sent a letter to Secretary of Commerce Howard Lutnick urging him to rescind an interim final rule (IFR) that the Biden Administration ...

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Thursday, March 6, 2025

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Yesterday the New Mexico Senate Judiciary Committee met to continue discussions on Senate Bill 279 (GoSAFE). The author did not accept the committee substitute to amend the near all-encompassing ban on semi-auto firearms with equally ...

New Mexico: Semi-Auto Ban & Industry Liability Legislative on the Move!

Monday, March 10, 2025

New Mexico: Semi-Auto Ban & Industry Liability Legislative on the Move!

Late Friday and into the weekend the New Mexico Legislature continued their work, passing two anti-gun bills, SB 279 (GoSAFE) and SB 318 (Industry Liability) out of committee. SB 279 has been referred to the ...

Connecticut: Numerous Gun Bills Scheduled for Committee Hearing This Week – Your Action Needed!

Monday, March 10, 2025

Connecticut: Numerous Gun Bills Scheduled for Committee Hearing This Week – Your Action Needed!

This Wednesday, four firearms-related bills are scheduled for a hearing in the Joint Judiciary Committee, all sponsored by the Judiciary Committee itself. Two of these bills, House Bill 7042 and House Bill 7137, are gun ...

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

News  

Monday, March 10, 2025

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

Jeff Bezos, owner of The Washington Post, recently announced to the staff of the newspaper that the publication’s opinion section would henceforth be advocating for “personal liberties and free markets” without contradiction. “I am of ...

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.