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
New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

News  

Monday, May 18, 2026

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

In the landmark U.S. Supreme Court case District of Columbia v. Heller (2008), that acknowledged the Second Amendment protects the individual right to keep and bear arms, Justice Antonin Scalia noted some of the arms ...

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

Illinois: Semi-Auto "Glock Ban" Bill Hearing Tomorrow!

Tuesday, May 19, 2026

Illinois: Semi-Auto "Glock Ban" Bill Hearing Tomorrow!

Tomorrow, May 20th, the House Gun Violence Prevention Committee will hold a hearing on House Bill 4417.

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

News  

Monday, May 18, 2026

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

Parents and others have expressed concerns over a continuing decline in student literacy rates and math skills. At the same time, there’s a worrying erosion of common sense and critical thinking on the part of ...

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

News  

Monday, May 18, 2026

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

Massachusetts has among the most restrictive gun control laws in the country. The Bay State is one of an exceedingly small group of states, along with Illinois, to require a license to merely own any ...

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

News  

Friday, May 15, 2026

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

The U.S. House of Representatives is expected to vote as early as next week on the Veterans 2nd Amendment Protection Act.

Expand Self-Defense? Cue the Hysteria

News  

Monday, May 18, 2026

Expand Self-Defense? Cue the Hysteria

It should come as no surprise to anyone who follows the debate over gun control that anti-gun messaging has not changed much over the years

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

News  

Monday, May 18, 2026

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

For better and for worse, Second Amendment and firearms related law, especially over the past 20 years, has developed into an extraordinarily dense and complex legal field.

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.