How the 9th Circuit Just Put Its Thumb on the Scale

Published on October 4, 2023
Duration: 12:10

This analysis from Washington Gun Law details alleged gamesmanship and procedural irregularities within the Ninth Circuit Court concerning the 'Duncan v. Bonta' case, which challenges California's magazine ban. The video highlights how the court has repeatedly taken actions, such as en banc reviews and extended stays, that appear designed to delay a ruling consistent with Supreme Court precedent like Bruen, suggesting a deliberate effort to obstruct Second Amendment rights.

Quick Summary

The Ninth Circuit Court of Appeals is accused of 'gamesmanship' in the Duncan v. Bonta case, which challenges California's magazine ban. Critics allege the court is using procedural delays and rule circumventions, such as taking cases en banc against established protocols, to obstruct Second Amendment rights and avoid rulings consistent with Supreme Court precedent.

Chapters

  1. 00:05Introduction: Duncan V. Bonta and Ninth Circuit Gamesmanship
  2. 01:07Background: Duncan V. Becerra Trial and Initial Ruling
  3. 01:53Judge Benitez Strikes Down Magazine Ban; CA Appeals
  4. 02:10Ninth Circuit Takes Case En Banc, Wipes Rules
  5. 02:43Reversal by Full Panel and Supreme Court Pause for Bruen
  6. 02:59GVR to Ninth Circuit: Gamesmanship Resumes
  7. 03:29Case Should Not Require Retrial Before Benitez
  8. 03:52Ninth Circuit Punts Case Back to Judge Benitez
  9. 04:35Benitez Ruling, Appeals, and Ninth Circuit En Banc Takeover
  10. 05:31Predicting Ninth Circuit's Delay Tactics
  11. 05:53Dissenting Opinions: Irregularities and Broken Rules
  12. 06:43Justice Van Dyke on Missed En Banc Deadlines
  13. 07:05Circumventing Rules for En Banc Review
  14. 07:27Pressure and 'Mace-Like Collegiality' on Panels
  15. 07:39Compromise and Rule Circumvention for En Banc Call
  16. 08:06Ninth Circuit's History of Despising Gun Owners
  17. 08:28Unprecedented En Banc Handling of Emergency Motions
  18. 08:43Questioning the Unorthodox Rush for En Banc Review
  19. 09:06Justice Van Dyke on Haste to Rule Against Second Amendment
  20. 09:20Enduring Bellicosity Towards the Second Amendment
  21. 09:31Majority's Zeal to Control Case Outcome
  22. 09:54Conclusion: Ninth Circuit Playing Games, Fix May Be In
  23. 10:55Related Supreme Court Actions: Thomas and Sotomayor
  24. 11:20Hope for Supreme Court Intervention

Frequently Asked Questions

What is the Duncan v. Bonta case about?

The Duncan v. Bonta case challenges California's ban on standard-capacity magazines. Initially ruled unconstitutional by Judge Benitez, the case has seen extensive appeals and procedural maneuvers within the Ninth Circuit Court of Appeals.

What alleged gamesmanship is occurring in the Ninth Circuit?

Critics allege the Ninth Circuit is engaging in 'gamesmanship' by taking cases en banc against established rules, delaying rulings, and allowing parties to supplement records. This is seen as an effort to obstruct Second Amendment rights and avoid rulings consistent with Supreme Court precedent like Bruen.

What was Judge Benitez's initial ruling in Duncan v. Bonta?

In 2017, Judge Benitez ruled that California's magazine ban was unconstitutional. He found it violated Second Amendment rights under both strict scrutiny and the text and tradition standard, striking down the ban.

How did the Supreme Court's Bruen decision impact Duncan v. Bonta?

After the Supreme Court decided Bruen, it sent the Duncan v. Bonta case back to the Ninth Circuit via a GVR (Grant, Vacate, Remand) order. This was expected to lead to a ruling consistent with Bruen, but the Ninth Circuit's subsequent actions are viewed as further delays.

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