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Shocker - 9th Circuit rules for 2A

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  • oldag

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    Fox:

    Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

    Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.

    The court found that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.

    "The district court did not abuse its discretion by applying the incorrect level of scrutiny," the judges also found. "The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a 'historical pedigree.'"

    “This is a significant win for law-abiding gun owners in California,” Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, said in a statement. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”

    Dissenting from the ruling, Judge John Clifford Wallace said that evidence provided by the state, including studies and surveys showing the use of large-capacity magazines increase the lethality of gun violence, “was more than sufficient to satisfy intermediate scrutiny.”

    National Review’s David French, who opposes the ban, noted that the Ninth Circuit ruling was limited but also linked constitutional protection of firearms to potential militia use -- a development he described as “encouraging.”

    The NRA noted that a ruling in the lower courts is expected soon, and that the case therefore will likely be before the 9th Circuit again.

    But President Trump has nominated Judge Brett Kavanaugh, who has a strong record of defending gun rights, to the Supreme Court. The NRA reflected that in its statement, expressing hope that if the the case is appealed, “the Supreme Court will likely have a new justice who respects the right to keep and bear arms as protected by the Second Amendment.”

    The California Department of Justice told The San Diego Union-Tribune that it will “continue to vigorously defend the challenged law.”

    Based in San Francisco, the Ninth Circuit has a reputation for being one of the nation's most liberal courts. Critics have branded the court the “Nutty 9th” or the “9th Circus,” in part because many of its rulings have been overturned by the U.S. Supreme Court. This includes an infamous 2002 ruling that the Pledge of Allegiance is unconstitutional because of its use of the phrase “under God.”

    Republicans have been working to fill vacancies with conservatives, but suffered a setback this week when the White House withdrew the nomination of Ryan Bounds for the Ninth Circuit after realizing it did not have the necessary support in the Senate. He faced criticism over past college writings.
     

    busykngt

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    McKinney
    Might seem strange to say, but I can’t help but wonder if some of the net population outflow (i.e., out of California) played any role in some of the Justices’ background thoughts? Interesting, nonetheless...
     

    oldag

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    Might seem strange to say, but I can’t help but wonder if some of the net population outflow (i.e., out of California) played any role in some of the Justices’ background thoughts? Interesting, nonetheless...

    I doubt it. Liberals don't think in those terms.

    Could be they are tired of getting smacked upside the head by SCOTUS.
     

    busykngt

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    As the NRA quote suggested, we’ll see if they appeal the decision(s) to the SCOTUS. Because once Judge Kavanaugh is confirmed, I’m guessing the SCOTUS won’t be so adverse to hearing 2A cases as they have been in the past.
     

    Shady

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    ain't no way anything sent to SCOTUS today will have a snowballs chance in hell of getting there before the conformation is done and over with might even be on to Trumps 3rd appointment by then,
     

    rman

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    9th circuit ruled the 2nd provisioned concealed carry a few years ago. Kamala held that one up forever until it eventually died.

    9th has some normal people on its panel. unfortunately it's not the end all.

    Sent from my SIG Sauer
     

    motorcarman

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    Rural Wise County, TX.
    Senators dismiss Donald Trump’s judicial nominee for 9th Circuit

    Senate Majority Leader Mitch McConnell withdrew one of President Trump’s judicial nominees for the 9th U.S. Circuit Court of Appeals on Thursday after failing to get the majority of the Senate to back the president’s pick ahead of his confirmation vote.

    Ryan W. Bounds, an assistant U.S. attorney for the District of Oregon, faced pushback from his two Democratic home-state senators, who said the nominee withheld controversial writings when he was being vetted for the federal bench.

    http://www.gopusa.com/?p=50747?omhide=true
     

    TheMailMan

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    ain't no way anything sent to SCOTUS today will have a snowballs chance in hell of getting there before the conformation is done and over with might even be on to Trumps 3rd appointment by then,

    I really hope that if Trump gets that 3rd appointment he gets the 4th too. If either Kennedy or Ginsburg kicks the bucket then the one that's left might just feel it's a lost cause and retire too.
     

    motorcarman

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    All three women justices are LEFT LEANING if not communists.

    RBG was an attorney for the ACLU. (ACLU: 'Communism is the Goal')

    Sotomayor considers herself a "wise latina woman". whatever that means?????? appointed by BHO.

    Elena Kagan was appointed by BHO. NOT a conservative.

    bob
     

    satx78247

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    Kennedy is retiring effective July 31. Not sure what you are saying.

    AustinN4,

    I believe what he's saying is that when Judge Kavanaugh is seated on the SCOTUS, the 3 LIB women may well decide that they will spend the rest of their tenure on the court being OUTVOTED & decide to retire.

    HERE'S HOPING that he's CORRECT.

    yours,satx
     
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    oldag

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    Senators dismiss Donald Trump’s judicial nominee for 9th Circuit

    Senate Majority Leader Mitch McConnell withdrew one of President Trump’s judicial nominees for the 9th U.S. Circuit Court of Appeals on Thursday after failing to get the majority of the Senate to back the president’s pick ahead of his confirmation vote.

    Ryan W. Bounds, an assistant U.S. attorney for the District of Oregon, faced pushback from his two Democratic home-state senators, who said the nominee withheld controversial writings when he was being vetted for the federal bench.

    http://www.gopusa.com/?p=50747?omhide=true

    What killed this was two Republican senators who bailed. Disgusting. One was Rubio, cannot recall the other's name.
     

    oldag

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    AustinN4,

    I believe what he's saying is that when Judge Kavanaugh is seated on the SCOTUS, the 3 LIB women may well decide that they will spend the rest of their tenure on the court being OUTVOTED & decide to retire.

    HERE'S HOPING that he's CORRECT.

    yours,satx

    The liberals will never give up. Ginsburg will only leave feet first.
     

    busykngt

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    The liberals will never give up. Ginsburg will only leave feet first.

    Never truer words spoken (especially the feet first comment). The liberal ladies on the bench see their roles as ‘mother protector’ and last line of defense to “correct” perceived injustices (i.e., legislating from the bench as opposed to just interpreting the Constitution).
     
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