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« Statement of the Ukrainian Gun Owners Ass'n | Main | I can't see how this could have happened »

Supreme Ct denies cert in three 2A cases

Posted by David Hardy · 24 February 2014 09:08 AM

Note here. The cases are Lane v. Holder, NRA v. ATF, and NRA v. McCraw.

No way to know the reason(s), of course. All we know is that no case got four votes to grant the writ. Perhaps they don't want to take on a "bear arms" case, or at least just now, perhaps they want away from the 2A for a time, perhaps their docket was full of higher-priority cases, or perhaps these just weren't the cases they wanted (or, most likely, it was a combination of these).

4 Comments | Leave a comment

r | February 24, 2014 5:19 PM | Reply

well it looks the Roberts sellout will terminate the second ammd once they get a state sponored appeal. If roberts et all can't locate an infringement in out right bans of possession of arms by adults they will sell us out forever at the first opportunity. I'm really ticked as the same crew that did Heller/McDonald can't find a back bone for bearing arms for self defense.

Jeff | February 25, 2014 8:45 AM | Reply

I may be a hopeless Pollyanna, but why would the Supreme Court pro 2nd amendment give cert to these, when they know that they more appropriate/interesting/viable cases coming, such as the circuit split in CCW? It is easy to imagine how giving 18 year olds the right to purchase pistols would be a political nightmare that they would not want to deal with now----there are more palatable vehicles out there for confirming 2nd amendment rights. This is reality, and therefore progress is incremental.

Matthew Carberry | February 25, 2014 1:20 PM | Reply

Jeff,

Particularly since the Feds don't infringe on the "the right to purchase or carry pistols" to 18 year olds. They just restrict direct sales of pistols from FFL's. Any other restrictions are state based.

There is a valid point to be made that, in a Republic, the burden is on state residents to fix state-created problems insofar as the Feds aren't the cause.

Jim D. | February 25, 2014 2:31 PM | Reply

I'm not an expert on SCOTUS cert procedure, but I seem to recall that the Chief Justice doesn't normally vote on cert. The idea being if there wasn't a clear majority, then he would cast the deciding vote if four justices wanted to hear it for any reason.

If it takes four Justices to approve a cert and there were only three votes for it, then most likely it was Kennedy who did not vote to hear the issue.

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