Monday, May 5, 2014

Cert Denied In Drake v. Jerejian


The Supreme Court denied certiorari to the New Jersey case challenging that state's justifiable need requirement to obtain a carry permit. The list of orders gives no explanation for the denial.

Lyle Denniston of the SCOTUS Blog had this to say in his live blog of the announcement:
The denial of Drake was without explanation or noted dissents. That does not mean that no one voted for cert; probably that those who wanted to grant, if there were any, were unsure about prevailing on the merits. The list of denial of 2d Amendment outside-the-home cases is lengthening. It is unclear what kind of case on that subject will attract the Court's attention.
While we have a split in the circuits, it doesn't mean that they have to take a case. Countertop has a very good overview of what may have transpired regarding this case in the comments over at Shall Not Be Questioned. 

All I can say is damn. After they punted on Kachalsky and Woollard (especially Woollard!), I thought this might be the one. The only way around this for people living in occupied territories is to convince their friend and neighbors that this must change legislatively.

2 comments:

  1. Damn is right... This IS going to take SCOTUS to decide... Personally I think the libs are hoping to load the court before they actually take one of these...

    ReplyDelete
  2. Peruta may be a better case if the country's "prettiest AG" pushes the issue and convinces the 9th to opine. Peruta deals with "good cause" standards that differ between counties and not a broad state wide standard.

    -Dirk Diggler

    ReplyDelete