It now appears the Supreme Court is content to let the lower courts keep rubberstamping away.
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The U.S. Supreme Court has not heard a single Second Amendment case since issuing its landmark gun rights rulings in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010).
Unfortunately for gun rights advocates, that silence went unbroken today. In a major announcement this morning, the Supreme Court refused to hear Drake v. Jerejian, a case challenging the constitutionality of New Jersey’s arbitrary rules governing the right to carry handguns in public for purposes of self-defense.
The lawyer behind the case is Alan Gura, the civil rights litigator who previously argued and won both Heller and McDonald before the high court. In an interview with me last month, Gura explained his reasons for bringing the Drake case. “We’ve seen courts rubberstamp just about any kind of law that violates the Second Amendment,” he said, describing the legal climate in the wake of Heller and McDonald. “Unless the Supreme Court decides to enforce its pronouncements, the Second Amendment will apply only to the extent that some lower courts are willing to honor Supreme Court precedent.”