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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.

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Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

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Friday, April 3, 2026

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Sunday, March 15, 2026

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On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

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Sunday, March 29, 2026

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California Court’s “Technical Issue” Nullifies Background Checks

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Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

Maryland: Gun Control on the Move

Monday, March 30, 2026

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“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

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Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

Is Finland Looking to Emulate America’s Founding Era on Firearms?

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Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

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Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

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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.