9th Circuit Refuses Supreme Court Order To Rehear Open Carry Case!!!

Published on August 20, 2022
Duration: 9:36

The Ninth Circuit Court of Appeals refused to rehear the Young v. Hawaii open carry case, despite a Supreme Court remand order following the Bruin decision. This refusal, detailed in a scathing dissent, indicates a reluctance by the Ninth Circuit to apply Bruin's precedent, which affirms the right to self-defense outside the home. The case is now remanded back to the district court, delaying resolution for the plaintiff.

Quick Summary

The Ninth Circuit en banc panel refused to rehear the Young v. Hawaii open carry case, despite a Supreme Court remand order following the Bruin decision. This refusal, detailed in a scathing dissent, indicates a reluctance by the Ninth Circuit to apply Bruin's precedent, which affirms the right to self-defense outside the home. The case is now remanded back to the district court, delaying resolution for the plaintiff.

Chapters

  1. 00:00Ninth Circuit Refuses Open Carry Case Rehearing
  2. 00:33Order from Ninth Circuit En Banc Panel
  3. 01:10Background of Young v. Hawaii Case
  4. 02:56Impact of Bruin Decision
  5. 03:53Ninth Circuit's Refusal to Rehear
  6. 04:26Scathing Dissent from Judge Scanlan
  7. 05:43Dissenting Judge's Arguments
  8. 07:04Majority's Decision to Remand
  9. 08:15Conclusion and Future Outlook

Frequently Asked Questions

What is the significance of the Ninth Circuit's refusal to rehear the Young v. Hawaii open carry case?

The Ninth Circuit's refusal to rehear the Young v. Hawaii case after a Supreme Court remand is significant because it suggests a reluctance by the court to apply the Bruin decision's precedent, which affirmed the right to self-defense outside the home. This action delays resolution for the plaintiff and has drawn criticism from dissenting judges.

How did the Supreme Court's Bruin decision impact the Young v. Hawaii case?

The Supreme Court's Bruin decision directly voided the rationales used in the Ninth Circuit's original ruling on Young v. Hawaii. Bruin affirmed the right to self-defense outside the home and emphasized that Second Amendment analysis must be based on text informed by history and tradition, contradicting the Ninth Circuit's prior stance.

What was the outcome of the Ninth Circuit's latest order regarding the Young v. Hawaii case?

The Ninth Circuit en banc panel issued an order refusing to grant additional briefings or rehear the Young v. Hawaii open carry case. Instead, they vacated the district court's prior judgment and remanded the case back to the district court for reconsideration, effectively punting the issue further down the road.

What did the dissenting judges on the Ninth Circuit argue in the Young v. Hawaii case?

Dissenting judges on the Ninth Circuit argued that the majority's refusal to rehear the Young v. Hawaii case was unconstitutional and a failure to respect the Second Amendment and the Supreme Court's Bruin ruling. They contended the court should have applied Bruin directly, reversed the district court, and resolved the case.

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