As the Court explained in Turner II, the deferential principle outlined in Turner I applies mainly in “cases . . . involving congressional judgments concerning regulatory schemes of inherent complexity and assessments about the likely interaction of industries undergoing rapid economic and technological change. Though different in degree, the deference to Congress is in one respect akin to deference owed to administrative agencies because of their expertise.” Turner II, 520 U.S. at 196 (emphasis added). Not so here. While the issue of gun violence is important and emotionally charged, it does not involve highly technical or rapidly changing issues requiring such deference. The state cannot infringe on the people’s Second Amendment right, and then ask the courts to defer to its alleged “expertise” once its laws are challenged.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
VIRGINIA DUNCAN; RICHARD LEWIS; PATRICK LOVETTE; DAVID MARGUGLIO; CHRISTOPHER WADDELL; CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation, Plaintiffs-Appellees, v. XAVIER BECERRA, in his official capacity as Attorney General of the State of California, Defendant-Appellant
August 14, 2020
[Another loophole closed by this decision!
California has been arguing that the legislature should be given deference when there is a conflict between what the courts say and what the legislature passes. This decision explains why that might sometimes be the case and why this is not the case in regards to the 2nd Amendment issues before the court.—Joe]