Why would anyone want to put their rights up for SCOTUS review?
SCOTUS has a long history full of anti-rights decisions. Very long. Very full.
If I recall, Heller was 5-4. I certainly wasn't more than 6-3. All it would have taken was one or two more members of the ruling gang's top judicial committee to vote the other way, and your right would have seriously eroded.
Did the nobles ask King John's court to recognize their rights and restrain John in 1215? No. They told John in so many words you will recognize these rights was we have laid them out in this Magna Carta.
Did the people of England sit around requesting the government play fair with John Lilburne during his trumped-up trials for treason? No. They made it clear they were done screwing around.
If the last 4500 years of history have taught anything, its that government will always subordinate rights to the aims of the govern-ers. Are there exceptions to that rule? Sure. Enough to matter? C'mon. You don't need me to answer that for you.