Quote of the Day
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.