Supreme Court Defers Ruling on Illinois Gun Ban, Justice Thomas Expresses Concern

The Supreme Court has decided not to review challenges to an Illinois ban on certain types of semi-automatic weapons for the time being, leaving the law in place while lower courts continue to consider the cases. Justice Clarence Thomas, in a statement, voiced his concern over the Seventh Circuit's decision and the need for further guidance from the Supreme Court.

The Supreme Court on Tuesday announced that it will not yet review challenges to an Illinois ban on certain types of semi-automatic weapons, effectively leaving the law in place while lower courts decide the cases. The Court's decision came in its final order list before going on a summer recess, denying petitions to hear six different cases over the so-called "assault weapons ban."

In a statement, Justice Clarence Thomas expressed his concern over the Seventh Circuit's decision, which held that the AR-15, among the most popular semi-automatic rifles in the country, does not enjoy Second Amendment protection. Thomas noted that the Supreme Court was presented the case after the Seventh Circuit already rejected a request for a preliminary injunction against the law.

Supreme Court Defers Ruling on Illinois Gun Ban, Justice Thomas Expresses Concern

"The Seventh Circuit’s decision illustrates why this Court must provide more guidance on which weapons the Second Amendment covers," Thomas wrote, adding that "if the Seventh Circuit ultimately allows Illinois to ban America’s most common civilian rifle, we can – and should – review that decision once the cases reach a final judgment."

The Illinois legislation came into effect following a 2022 mass shooting at the Highland Park Fourth of July Parade. Hannah Hill, the executive director of the National Association for Gun Rights – one of the organizations challenging the Seventh Circuit's decision – expressed disappointment with the Supreme Court's announcement.

Supreme Court Defers Ruling on Illinois Gun Ban, Justice Thomas Expresses Concern

"We will definitely be back," Hill wrote on Twitter. "But my heart breaks for the people of Illinois today. Their rights have been denied by their own government and delayed by the Supreme Court, and the nation will suffer for today's decision."

In his statement, Thomas emphasized the importance of the Second Amendment, noting that the Supreme Court has recognized that it "extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."

Supreme Court Defers Ruling on Illinois Gun Ban, Justice Thomas Expresses Concern

"But, this minimal guidance is far from a comprehensive framework for evaluating restrictions on types of weapons, and it leaves open essential questions such as what makes a weapon ‘bearable,’ ‘dangerous,’ or ‘unusual,’” Thomas wrote.

Thomas expressed concern that Illinois' ban is "highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes." He added that the Supreme Court needs to provide more guidance on which weapons are protected by the Second Amendment to prevent lower courts from "relegat[ing] the Second Amendment to a second-class right."

Supreme Court Defers Ruling on Illinois Gun Ban, Justice Thomas Expresses Concern

The Supreme Court's decision not to review the Illinois gun ban at this time has been met with mixed reactions. Some gun rights advocates have criticized the Court for failing to protect the rights of law-abiding citizens, while gun control advocates have praised the Court for allowing lower courts to continue to consider the merits of the ban. The issue is likely to continue to be debated in the courts and in the public sphere for some time to come.