You are obviously a lawyer. I suggest you get your head out of the minuta of the hundreds of thousands of activist, socialist, collectivist, unconstitutional, liberty violating laws and court decisions that are on the books, and get back to fundamentals. Please read the Declaration of Independence, the Constitution, the BOR, and learn a little about the concept of INALIENABLE rights.
Cert. Denied is not a decision. It creates no law and nothing is be inferred from it, other than for that individual case, the decision of the court below is left to stand. The Supreme Court can, and does, duck controversial issues this way. They also duck issues were the court is split on the subject.