Explore The NRA Universe Of Websites

APPEARS IN News

Understanding SCOTUS Denials of Certiorari

Tuesday, June 4, 2024

Understanding SCOTUS Denials of Certiorari

On May 20, the United States Supreme Court denied certiorari in Bianchi v. Brown, a challenge to Maryland’s ban on “assault weapons.”

This denial understandably has many gun owners concerned that the Supreme Court is letting a broad ban on firearms stand in Mayland. These concerns have been exacerbated by news coverage that mischaracterizes the denial as a decision by the high court on the merits of the case. Headlines like this one from Courthouse News:

High court shoots down challenge to Maryland assault weapons ban

Fortunately for gun owners, the Supreme Court did not “shoot down” the challenge, the Court simply decided not to hear the challenge at this time.

Denying cert in a case is not a ruling on the merits of that case. The decision not to take a case is not an explicit endorsement of a lower court’s ruling. In his dissent in Darr v. Burford (1950) Justice Felix Frankfurter explained,

The significance of a denial of a petition for certiorari ought no longer to require discussion. This Court has said again and again and again that such a denial has no legal significance whatever bearing on the merits of the claim. The denial means that this Court has refused to take the case. It means nothing else.

In the Bianchi case, the Court may just be waiting for the lower court (the Fourth Circuit in this case) to issue a decision on the merits so that the case has a more fully developed record when it reaches the Supreme Court.

The Court also chose not to deny cert in a similar NRA-backed challenge to Illinois “assault weapon” ban. That case is set to be considered again in conference this week.

While the path to Supreme Court review in a case is long and sometime convoluted, gun owners should not be dissuaded by attempts to characterize mere denials of cert as a substantive decision by the Court.

TRENDING NOW
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 ...

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. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

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 ...

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.

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 ...

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association, Firearms Policy Coalition, Second Amendment Foundation, and two NRA members filed a lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

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 ...

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.