Tuesday, December 08, 2015

About Yesterday’s (Non)Decision by the Supreme Court


CCDL Blog




This is a guest post by CCDL president Scott Wilson.
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While yesterday’s decision to deny cert in Friedman v Highland Park was disappointing, we knew that this would be likely. The fact remains that SCOTUS repeatedly kept conferencing the petition. This underscores that the matter is significantly important, but it was not the right time yet to hear a petition of this sort.

Some important things to note:


The inaction of the Supreme Court to not review Friedman v Highland Park is not based on merits of the case.

The Supreme Court will often decline the first case that comes before it to allow for other courts to offer a broader view of things to come.

There are differences between the opinions that came out of the 7th Circuit (Highland Park) and the 2nd Circuit (our case as well as New York’s). As such, arguments from our attorney in our petition to the Supreme Court will be tailored somewhat differently based on this.
We are still waiting on an opinion from the 4th Circuit (Maryland) in a similar case as well. One way we can be helped is if the Circuit renders a favorable opinion for the plaintiffs in that case. This is possible, but there is no certainty. Our hope is that the opinion gets published prior to our deadline to submit our appeal.

My statement as of now is this:

This has been a long fight from all of you to get to this point. Everyone has worked so hard, and in so many different ways to get us where we are, now we have to hang in there a bit longer.
I personally would rather go down swinging and maybe connect than to do nothing. Being that many of our rights in this country are on a downward trajectory as it is, the alternative we faced was to do nothing and accept our ultimate fate. I do not want to look back on my life one day years from now and think that we just let it all happen, and did nothing to try to stop it. To all of you, who feel the same way; thank you!

My final thoughts:

The Governor of Connecticut yesterday released a press statement after the ‘denial for Certiorari’ was released. In his press release, he sounded off in a manner which indicates he believes the Supreme Court’s “non-decision” was an ultimate victory for anti-gun laws. I’d like to take the opportunity to make sure that the governor of this state understands that we are not done, and I hope he enjoys a brief respite built upon the smoldering embers of our Constitution.

Scott Wilson – CCDL President

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