Scrutiny

Joe Doakes from Como Park emails:

A three-judge panel of the 9th Circuit upheld a California judge’s decision that California’s ban on high-capacity magazines violates the Second Amendment
The most important part of the ruling is the test.  The majority held gun rights are fundamental rights like speech and religion and therefore are entitled to the strict scrutiny test which the ban did not pass.  The dissenting judge said no, only intermediate scrutiny which the ban did pass.
This is the battleground.  If we can get the Supremes to apply Strict Scrutiny, gun control is dead.  If not, gun rights are dead and along with them, liberty.
Joe Doakes

And then things get really ugly.

3 thoughts on “Scrutiny

  1. JD, what is much more important than the decision itself, in this particular instance and in my opinion, is that it was by the 9th circuit. Elections matter, especially when it comes to judicial appointments. Do you think, for a second, that the outcome in this case would have been the same if libturds were stacking the judiciary with activist judges? Or even 5 years ago?

  2. Excellent point, jpa.

    Judge Lynn was appointed by Bill Clinton in 1999.
    Judge Callahan was appointed by President Bush in 2003.
    Judge Lee was appointed by President Trump last year.

    The Clinton appointee voted to water down gun rights. The Bush and Trump appointees voted to uphold gun rights.

    Judge Lee replaced Stephen Reinhardt, a Carter appointee and one of the most liberal judges on the court. A year ago, the decision likely would have gone the other way.

    Elections matter, indeed.

  3. Joe, we also have to really thank Harry Reid for this decision. Without his invocation of the “nuclear option” for judges, we’d never have gotten Judge Lee or any other conservative on the 9th Circuit. The filibuster allowed CA politicians to control just who was appointed to the 9th, but Reid removed that roadblock.

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