If any of you jokers actually reads the article then you'll see that Scalia and Thomas actually disagree with you and made a big fuss about the court refusing to hear this case.
You need 4 votes for cert. 2 squawks is a trifle. And I say that as someone who would have liked them to resolve the issue. The Evenwel case that SCOTUS hear oral arguments on earlier today addresses a legal question which came as a cert petition before the Court 15 years ago. Thomas really wanted it heard back then, but cert was denied. 15 years later, they heard a better case for the same question. Just because Scalia and Thomas wanted this particular case heard, that has no bearing on the Court's future intent or the likelihood of a future challenge. I mean, how many months went by before SCOTUS accepted a gay marriage case post-Hollingsworth? They were content to let the Circuits sort it out first. Probably the same thing here. Waiting means more assault weapons will be purchased overall, making them more common and more likely to be protected when a different case is eventually heard.
