Dissent in Ninth Circuit Magazine Ban

Some fascinating stuff via Rolf:

Dissent in Ninth Circuit Magazine Ban Shows Rogue Judges Ignore Constitution

On September 28, an en banc panel from the Ninth Circuit grabbed control of the Duncan v. Bonta. The magazine ban case in a stunning departure from the usual order of the court. It may or may not have violated the rules of the court. Several of the judges on the panel were not happy. Four judges of the eleven-judge panel dissented. Of particular interest was the dissent of Judge VanDyke.

The honorable Judge VanDyke revealed a history of internal shenanigans when the en banc panel first took the case. Judge VanDyke aired some of the Ninth Circuit’s dirty laundry. The strong, ideological opposition to the Second Amendment has been clear in the Ninth Circuit from the beginning.

They are openly violating the rules.

While it shows their desperation, they, almost certainly, will get away with it.


5 thoughts on “Dissent in Ninth Circuit Magazine Ban

  1. It’s worth getting a copy of the decision, just for Vandyke’s dissent, then.
    You never know when it might be useful, and it hasn’t been unknown for the courts to withdraw a decision, or make it applicable only to the parties.

  2. When those gubermint officials who are paid and sworn to uphold the law, violate that law, and their sworn oaths to uphold the Constitution, why should any private citizen feel bound to obey the laws?

    • Spot on. Anything to the contrary of the constitution is not-with-standing.
      It is only naked aggression which no one is bound by law to submit to.
      And the declaration of Independence makes it clear it’s our duty to resist it, with manly force if necessary.
      (Were being way to civil these days.)

      • I agree with you and Armageddon Rex. I think the whole system of scrutiny by the Supreme Court is a crock and is intended to be outcome determinative. I think every law has to be measured against the Constitution using what the Courts have dubbed “Strict Scrutiny ” and uphold the law only if it fulfills a necessary government interest and there is no less-intrusive way to accomplish that interest.
        They know how to do that, they do that analysis for the First Amendment, the Fourth Amendment, and the Fifth Amendment, it’s only the red-haired stepchild of the Second Amendment that gets shortchanged.
        And as Armageddon Rex says, given how fast and loose the government plays with the Constitutional restrictions on its power, why should the people who delegated the limited and specifically enumerated powers to the National government in order to assure prosperity and domestic tranquility obey the government?
        As Justice Oliver Wendell Holmes wrote about 100 years ago, “Just as the Citizen must turn square corners when dealing with the government, so must the government turn square corners when dealing with the citizen.”

  3. Rogue judges ignoring the Constitution? I’m shocked, shocked I say.

    The nasty reality is that virtually ALL judges ignore the Constitution at one time or another on whatever pet subject they feel strongly about.

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