June 15, 2020 – 10 Gun Rights Cases Denied Cert

On June 15, 2020, the United States Supreme Court decided not to take 10 new cases for the next term that dealt with Second Amendment issues. According to WashingtonPost.com: “The court did not accept a batch of nearly a dozen cases that gun groups had hoped the court, fortified with more conservative members, might consider.”1

Those cases were included in the SupremeCourt.gov Order List: 590 U.S. dated June 15, 2020.

According to the Supreme Court website: “The Court regularly issues orders in connection with cases. In contrast with opinions, orders are short rulings, usually resolving motions or petitions in a summary fashion. The most common type of order that the Court issues simply provides that ‘The petition for a writ of certiorari is denied’ or ‘The petition for a writ of certiorari is granted.’”2

According to “A Reporter’s Guide to Applications” on SupremeCourt.gov: “If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.”3

According to an article in CBSnews.com: “In declining to take up the appeals, the justices leave intact laws from several states that gun rights supporters said violated their Second Amendment rights. Among the cases turned away were legal battles over laws in at least four states — Massachusetts, Maryland, Illinois and New Jersey — that require residents to meet certain criteria in order to get a permit, including demonstrating a specific need, to carry a handgun outside the home.”4

According to NationalReview.com: “In Rogers [Rogers v. Grewal], joined by Justice Kavanaugh, Justice Thomas warned yet again that the lower courts have been engaged in judicial resistance of the Court’s precedents on gun rights, in ways that the Court would not tolerate in another area of law:. . .’ This Court would almost certainly review the constitutionality of a law requiring citizens to establish a justifiable need before exercising their free speech rights. And it seems highly unlikely that the Court would allow a State to enforce a law requiring a woman to provide a justifiable need before seeking an abortion.’”5

Of the approximately 100 cases on the SupremeCourt.gov Order List: 590 U.S. dated June 15, 2020, 10 were listed as gun rights cases before the Court in an April 28, 2020, article on SCOTUSblog.com.

 

1. Rogers v. Grewal with dissent (THOMAS ROGERS, ET AL. v. GURBIR GREWAL, ATTORNEY GENERAL OF NEW JERSEY, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT – Cite as: 590 U. S. ____ (2020); No. 18–824)

  • According to SCOTUSblog.com: “In a challenge to New Jersey’s handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.”
  • According to SupremeCourt.gov, THOMAS, J., dissenting:6 “This case gives us an opportunity to provide lower courts with much-needed guidance, ensure adherence to our precedents, and resolve a Circuit split. Each of these reasons is independently sufficient to grant certiorari. In combination, they unequivocally demonstrate that this case war-rants our review. Rather than prolonging our decade-long failure to protect the Second Amendment, I would grant this petition.”7

 

2. Cheeseman v. Polillo (CHEESEMAN, MARK V. POLILLO, JOSEPH, ET AL. – 19-27)

  1. SupremeCourt.gov: “The motion of Firearms Policy Coalition, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.”
  2. SCOTUSblog.com: “Challenge to New Jersey handgun carry permit scheme.”

 

3. Mance v. Barr (MANCE, FREDRIC, R., ET AL. V. BARR, ATT’Y AL. GEN., ET AL. – 18-663):

  • SupremeCourt.gov: “The motion of The National Shooting Sports Foundation, Inc. for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.”
  • SCOTUSblog.com: “Whether the federal ban on interstate handgun sales violates the Second Amendment or the due process clause of the Fifth Amendment.”

 

4. Ciolek v. New Jersey (CIOLEK, DOUGLAS F. V. NEW JERSEY – 19-114)

 

5. Culp v. Raoul (CULP, KEVIN W., ET AL. V. RAOUL, ATT’Y GEN. OF IL, ET AL. – 19-487)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “Whether the Second Amendment requires Illinois to allow nonresidents to apply for a concealed-carry license.”

 

6. Gould v. Lipson (GOULD, MICHAEL, ET AL. V. LIPSON, ANDREW, ET AL – 18-1272)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “In a challenge to Massachusetts’ handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.

 

7. Malpasso v. Pallozzi (MALPASSO, BRIAN K., ET AL. V. PALLOZZI, WILLIAM M. – 19-423)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “In a challenge to Maryland’s handgun carry permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense.”

 

8. Pena v. Horan (PENA, IVAN, ET AL. V. HORAN, MARTIN – 18-84)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “In a challenge to a California law banning most commonly used handguns, the petition asks the justices to weigh in on the scope of the Second Amendment.”

 

9. Wilson v. Cook County (WILSON, MATTHEW D., ET AL. V. COOK COUNTY, IL, ET AL. – 19-704)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “Challenge to Cook County’s ban on assault rifles and large-capacity magazines, as well as to the Second Amendment analysis used by the U.S. Court of Appeals for the 7th Circuit to uphold the ban.”

 

10. Worman v. Healey (WORMAN, DAVID S., ET AL. V. HEALEY, ATT’Y GEN. OF MA, ET AL. – 19-404)

  • SupremeCourt.gov: “Certiorari Denied”
  • SCOTUSblog.com: “Challenge to Massachusetts ban on the possession of assault weapons and large-capacity magazines.”

 

Footnotes:

[1] Robert Barnes, “Supreme Court passes up challenges from gun groups on laws they say violate Second Amendment,” WashingtonPost.com, June 15, 2020

[2] “Case Documents,” SupremeCourt.gov, accessed June 15, 2020

[3] “A Reporter’s Guide to Applications,” SupremeCourt.gov, accessed June 15, 2020

[4] Melissa Quinn, “Supreme Court declines to hear host of gun rights cases,” CBSnews.com, June 15, 2020

[5] Dan Mclaughlin, “Justice Thomas Chides the Court for Dodging Gun Rights, Qualified Immunity,” NationalReview.com, June 15, 2020

[6] “JUSTICE THOMAS, with whom JUSTICE KAVANAUGH joins as to all but Part II, dissenting from the denial of certiorari.” “(ORDER LIST: 590 U.S.): MONDAY, JUNE 15, 2020,” SupremeCourt.gov, June 15, 2020

[7] “(ORDER LIST: 590 U.S.): MONDAY, JUNE 15, 2020,” SupremeCourt.gov, June 15, 2020

 

Last updated June 15, 2020