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SCOTUS rejects two appeals cases

color of law

color of law

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From the Syllabus United States v. Cruikshank, 92 U.S. 542 (1875)
6. The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.

7. Sovereignty, for the protection of the rights of life and personal liberty within the respective States, rests alone with the States.

8. The Fourteenth Amendment prohibits a State from depriving any person of life, liberty, or property without due process of law, and from denying to any person within its jurisdiction the equal protection of the laws, but it adds nothing to the rights of one citizen as against another. It simply furnishes an additional guaranty against any encroachment by the States upon the fundamental rights which belong to every citizen as a member of society. The duty of protecting all its citizens in the enjoyment of an equality of rights was originally assumed by the States, and it still remains there. The only obligation resting upon the United States is to see that the States do not deny the right. This the Amendment guarantees, but no more. The power of the National Government is limited to the enforcement of this guaranty.
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The first case, the 10-day waiting period for a gun purchases, is not a denial. And the second case using fees paid on firearm transfers to help fund efforts to track down people who acquire guns illegally is a tax case. A fee is a tax. A citizen cannot challenge the use on a lawful tax. NRA did not challenge the tax as being unconstitutional.

IMHO this is why the supremes did not take the cases.
 
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