Supreme Court Denies Cert in Snope, Ocean State Second Amendment Cases

Supreme Court
Bigstock

The Supreme Court has denied cert in two key Second Amendment cases. Snope v. Brown (Maryland’s “assault weapons” ban) and Ocean State Tactical v. Rhode Island (“high capacity” magazine ban). The Supreme Court has forsaken us, at least for now.

As Josh Blackman wrote at Reason’s Volokh Conspiracy . . .

Justices Thomas, Alito, and Gorsuch would have granted. Justice Barrett, as usual said nothing. Justice Kavanaugh wrote a very unusual statement respecting the denial of the petition. The first two paragraphs explain why the Maryland decision was “questionable.” If you read these parts, you would expect a grant. Indeed, Kavanaugh as circuit judge had found that the District of Columbia’s ban on AR-15s was unconstitutional. 

Kavanaugh says the Court wants more time for percolation, apparently.

He all but promises they’ll take a case “in the next term or two.” No rush guys, it’s just our constitutional rights.

Again from Blackman . . .

The upshot is that the Court is really busy with other stuff right now, and you all should just come back later. The Second Amendment could take a sabbatical for a year or two until the docket lightens up. Indeed, this case has been pending for nearly four years. Maryland gun owners will just have to chill.

It’s pretty obvious that Kavanaugh is speaking for Barrett and Roberts here, too, even though they haven’t signed on.

What does this mean? It means it’s more important than ever that any SCOTUS vacancies be filled by VanDyke-style judges (including VanDyke himself) and not more institutionalists worried about DC cocktail party invitations.

Judge VanDyke's dissent video
YouTube

Not only do I not care if the ABA says things like “this nominee doesn’t have a good temperament to be a Justice,” that is basically a prerequisite to me or I won’t support the nominee. We need a voice of rage for our rights.

 

Konstadinos Moros is an Associate Attorney with Michel & Associates, a law firm in Long Beach, California that regularly represents the California Rifle & Pistol Association in its litigation efforts to restore the Second Amendment in California. You can find him on his Twitter handle @MorosKostas. To donate to CRPA or become a member, visit https://crpa.org/.

This post was adapted by SNW from tweets posted by Konstadinos Moros.

Leave a Comment

Your email address will not be published. Required fields are marked *

9 thoughts on “Supreme Court Denies Cert in Snope, Ocean State Second Amendment Cases”

  1. “He all but promises they’ll take a case “in the next term or two.” No rush guys, it’s just our constitutional rights.”

    I’d rather they make a decision as sit-tight as practical, so we wait some more…

    1. Justice Thomas has to be thinking about his retirement by now. He’s fuming mad about all the disrespect his Bruen decision has been getting and I wouldn’t be surprised if he picks a Second Amendment case to drop a nuclear opinion on his way out. I’d love to know what other cases are working their way through the pipeline.

  2. This is the poisonous fruit of identity politics having ripened. We all know the only reason Corrupt Broad was rushed onto the Supreme Court was because R’s desperately wanted the optics of putting on a “conservative” woman on the bench after Ginsburg died.

Scroll to Top