Do you only get one shot at SCOTUS?

[Aim1]

2 recent gun cases made it to SCOTUS and neither were were not granted cert. Can these cases be petitioned again to the US Supreme Court or do you only get one chance and you have to wait for a new case?

 

[armoredman]

I think it's one and done, but I'm not a lawyer.

 

[hdwhit]

Since the Supreme Court is the court with both original and appellate jurisdiction, they have broad latitude in what cases they choose to hear. But, as a practical matter, what circumstances would there be to cause the court to entertain a case it had previously rejected?

If you want to know the limits of the Supreme Court's jurisdiction to hear cases, post this question in the Legal section and let the attorneys provide a comprehensive answer.

 

[hdwhit]

The Supreme Court was not intended to be the arbiter of individuals' political peccadilloes. It was established so that there would be a living, breathing, final authority to say what the Constitution means.

 

[AlexanderA]

It's highly unlikely that there would be a reconsideration of a denial of certiorari, although theoretically it could happen. The Court's workload means that only a tiny percentage of cases are taken.

 

[wojownik]

Extremely unlikely - I am unaware of any precedent (at least under current judicial rules, even post 1925).

If the Supreme Court declines to hear a case - which they did - then the lower court's holding is upheld, and applies within the Circuit over which that Appeals Court sits.

If there are multiple cases over the same subject matter, it's customary of the Court to combine them into a single matter and hear arguments from all appropriate parties in a single hearing. Maybe that's what the Court is waiting for - multiple challenges to state law to be consolidated into a single hearing?

 

[jdc1244]

2 recent gun cases made it to SCOTUS and neither were were not granted cert. Can these cases be petitioned again to the US Supreme Court or do you only get one chance and you have to wait for a new case?

With regard to Kolbe v. Hogan, they’re likely waiting for a Federal appeals court to strike down a law similar to the SAFE Act or the FSA, as was the case when the Sixth Circuit upheld state measures prohibiting same-sex couples from marrying, where other appellate courts had invalidated such prohibitions.

Concerning Norman v. Florida, the Court likely has no desire to address the constitutionality of laws prohibiting the open carrying of firearms.