Ninth Circuit Court Scolded by One of its Own

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And to paraphrase James Madison, if judges were angels, nothing further would need be said. But unfortunately, however else it might be described, our court’s Second Amendment jurisprudence can hardly be labeled angelic. Possessed maybe—by a single-minded focus on ensuring that any panel opinions actually enforcing the Second Amendment are quickly reversed. The majority of our court distrusts gun owners and thinks the Second Amendment is a vestigial organ of their living constitution. Those views drive this circuit’s caselaw ignoring the original meaning of the Second Amendment and fully exploiting the discretion inherent in the Supreme Court’s cases to make certain that no government regulation ever fails our laughably “heightened” Second Amendment scrutiny.

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Until the Supreme Court forces our court to do something different than balance our view of the utility of some firearm product or usage against the government’s claimed harm from its misuse, the Second Amendment will remain essentially an ink blot in this circuit.

Lawrence VanDyke
Ninth Circuit US Circuit Judge
November 30, 2021
DUNCAN V. BONTA No. 19-55376

Via Chuck Petras @Chuck_Petras -> Kostas Moros @MorosKostas -> Google…

SCOTUS needs to exercise force.

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7 thoughts on “Ninth Circuit Court Scolded by One of its Own”

  1. Supremes should but won’t start issuing contempt of court citations to lower court judges who nullify decisions. They won’t because the central principle of the Roberts court is that judges are special.

      • Impeachment is a paper tiger. Democrats in the Senate will never vote to convict one of their own.

  2. One of the problems also is that SCOTUS doesn’t just decide the case. They send it back to the lower courts and tell them to rule in light of this or that decision.
    Were left supposing the court just doesn’t want to offend or is just too lazy to write a decision themselves.
    No matter. The whole F in ATF and congress could be finished if the court would say, “shall not be infringed”, bitches.
    Thomas was far to generous with his scolding of the circuits last time.
    They need to make a plain text decision. Pure and simple.

  3. No court has the ability to enforce it’s decisions. They must rely on the Executive Branch to do so. A group which historically has proven to be even more corrupt than the typical criminal that comes before the courts. Until judges are held accountable, PERSONALLY, for their decisions they have zero incentive to care about the results of those decisions. And as for something being “constitutional”. Ha! As if that made a difference to 99% of judges.

    • Judge Harold Ryan of the Idaho District Court issued a bench warrant and sent the US Marshalls to arrest Randy Weaver. It was a FTA warrant marked by significant bureaucratic confusion and led to the first shootout at Ruby Ridge. Without justifying the action of Federal LE, it does demonstrate that judges do in fact have some power to enforce rulings.

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