SCOTUS Declines Involvement in Several Gun Cases

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Facts

  • The US Supreme Court (SCOTUS) on Tuesday declined to hear a challenge to Illinois' assault weapon ban and sent to the lower courts several other Second Amendment-related cases.1
  • In addition to the Illinois law, the justices sent a challenge to a ban on drug users possessing guns back to the 5th Circuit Court of Appeals, and also asked lower courts to reconsider several challenges to laws prohibiting people convicted of crimes to own guns.1
  • SCOTUS wants the lower courts to revisit cases involving the gun rights of people who have committed crimes because of its recent ruling in US v. Rahimi, which gave lower courts the leeway to preserve gun laws even if they don't have a historic analogue as previously required by a 2022 SCOTUS ruling.2
  • Regarding SCOTUS' decision to not hear six different cases challenging Illinois' assault weapons ban, Justice Clarence Thomas issued a statement saying, 'this Court must provide more guidance on which weapons the Second Amendment covers.' Thomas is concerned that a lower court rejected an injunction against the law and determined possessing an AR-15 isn't protected by the constitution.3
  • Previously, SCOTUS had refused to weigh in on the constitutionality of a similar Maryland law. At least 10 states have laws prohibiting certain assault-style weapons.4

Sources: 1Associated Press, 2CNN, 3FOX News and 4CBS.

Narratives

  • Left narrative, as provided by New York Times. For now SCOTUS is showing some restraint related to the Second Amendment despite its recent history of mostly weakening gun restrictions other than in the Rahimi case. So even while Thomas is eager to take cases like this so the conservative-leaning court might rule all guns are protected, at least the lower courts can weigh in with Rahimi as guidance.
  • Right narrative, as provided by Daily Caller. SCOTUS can work around Thomas' objections for now, but eventually it will have to hear these cases and it will have to make a stand against wanna-be left-wing gun confiscators. Using the term assault weapon is a scare tactic used as an excuse to violate the Constitution. After the states reinforce Second Amendment protections on these arms, SCOTUS must do the same.

Predictions