The Supreme Court has chosen not to hear Williams v. Maryland this term. Are we screwed, then?
The implications aren’t encouraging. The first is that we couldn’t get four Justices to take an interest. The second is that there might have been four, but they didn’t think they could convince a fifth to their side. A loss at the Supreme Court level would essentially end the reach of the 2nd Amendment at the doorstep of one’s home.
While Williams was our best overall case, we’ve still got Masciandaro and Woollard awaiting review. However, their chances aren’t looking too bright at the moment, either.
That leaves constitutional protection of the right to carry in a precarious position, with three 4th Circuit decisions implying that there isn’t such a right. I worry that those might be taken as precedents in future litigation.
2 thoughts on “A Right Deferred”
One should really not read much into the Williams no grant. The problem with Williams was that the law he was convicted of may very well be constitutional, but the underlying permit procedure is probably flawed. I do think this is evidence that there are not 5 votes for unlicensed open carry (yet.)
The real civil carry cases are mostly still in District courts with the exception of Richards, Peruta, and soon Kachalsky and Hightower.
Further, Masciandaro has a real chance of being granted.
-Gene
OMG end of the 2nd ammembent! Go asplode!
OK, I wasn’t really headed up to the roof with a rifle, but this does put me in a bit of a funk. Williams put forth the right questions, and the case had a great litigator at the helm. Still, it was a criminal appeal, and perhaps the strength of Heller and McDonald was that they were civil cases. We’ve still got other options, and it’s too early to call.