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
The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

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.