Well it’s official. The Supreme Court has abdicated the Second Amendment.
Today, the Court denied cert in Drake v. Jerejian, , the New Jersey carry case. This case offered a perfect vehicle to test whether the Second Amendment applies outside the home. It was relisted a few times, which this term has been a prerequisite to cert. Yet, it was denied today.
Since the Supreme Court decided McDonald v. Chicago in 2010, they have not deigned to take a single Second Amendment case. Not one. Several have been relisted a few times, but all ultimately denied, with not even a statement concurring or dissenting from denial of cert.
As I noted in this post, this strategy of “deny, deny, deny” is reminiscent of the abscence of Cert grants in cases concerning Guantanamo Bay. There, the Court seems content to let the D.C. Circuit rewrite habeas law. I suppose, in a similar fashion, the Court is happy with a plethora of nation-wide Circuit splits about the meaning of the right to keep and bear arms.
Recently, Justice Breyer wrote an opinion concurring with the denial of the grant in a detainee case. I was hoping, at least, to see a single Justice write separately to express frustration at the growing cert splits. But no. We got nothing.