Opinion
As the U.S. Supreme Court prepares to hold its upcoming conference, all eyes are once again on two of the most critical Second Amendment cases in recent history: Snope v. Brown and Antonyuk v. James.
For advocates of gun rights, the anticipation is palpable. These cases represent a decisive moment—one that could either fortify the High Court’s previous rulings in Heller, McDonald, and Bruen, or allow state governments to continue their relentless assault on the right to keep and bear arms.
The Stakes: Will the Court Take Up Snope?
For the sixth time, Snope v. Brown, a challenge to Maryland’s ban on so-called “assault weapons,” has been scheduled for conference. Meanwhile, Ocean State Tactical v. Neronha, a challenge to Rhode Island’s ban on “large-capacity” magazines, enters its seventh round of deliberations. Despite repeated opportunities, the Court has yet to grant certiorari.
The question posed in the Snope case is straightforward: Does the Constitution permit a state to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America?
This is not a trivial matter. It strikes at the heart of the Second Amendment’s protections. If the Court rules decisively in favor of petitioners, Snope could become the fourth landmark case affirming the constitutional right of Americans to own semiautomatic firearms. However, if the Court declines to hear the case or—worse—rules against the petitioners, the damage to Second Amendment jurisprudence could be profound and lasting.
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The Politics of the Court’s Decision
The Court needs only four votes to grant certiorari, yet as history has shown, Justices will not take up a case unless they are reasonably certain they can secure a favorable ruling. The true conservative wing of the Court—Justices Clarence Thomas and Samuel Alito—will likely not vote to hear the case unless they believe they have the full backing of Justices Gorsuch, Kavanaugh, and Barrett.
The risk of an adverse ruling that weakens Heller, McDonald, and Bruen is simply too great.
Chief Justice John Roberts, ever the institutionalist, remains a wild card. While he has historically sided with the conservative wing on Second Amendment cases, his reluctance to embrace strong, unequivocal rulings on contentious issues is well-documented. If he senses division within the Court, he may be inclined to deny certiorari to avoid a ruling that could further polarize the nation.
Antonyuk v. James: A Defiance of Supreme Court Authority
While Snope concerns the categorization of firearms under the Second Amendment, Antonyuk v. James deals with an even more immediate threat: state defiance of Supreme Court authority.
New York’s open resistance to the Bruen ruling through its amended handgun laws, deviously titled the “Concealed Carry Improvement Act (CCIA), is nothing short of an affront to the Court itself. The state has blatantly ignored Bruen, enacting restrictive laws that directly contradict its precedent.
If the Court refuses to hear Antonyuk, it would send a dangerous message: states are free to disregard Supreme Court rulings they do not like.
This is a moment of truth for the judiciary. The Court must not only affirm its authority but also reinforce the integrity of its rulings. If Antonyuk is denied certiorari, the floodgates will open for other anti-gun states to follow New York’s lead, rendering Bruen meaningless in practice.
The Bumpy Road Ahead
Both Snope and Antonyuk test the Court’s commitment to upholding the Second Amendment as a fundamental, individual right. The legal battles that have followed Heller, McDonald, and Bruen illustrate the ongoing struggle between those who seek to preserve constitutional liberties and those who wish to erode them through judicial inaction and legislative maneuvering.
The coming days will reveal whether the Supreme Court is willing to take a firm stand. A decision to hear these cases could solidify the Second Amendment’s place as an enduring safeguard against government overreach. A refusal to do so would embolden the forces that seek to undermine our natural right to self-defense. The stakes could not be higher.
For a more detailed analysis, read the full article at Arbalest Quarrel.
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