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

Published on October 4, 2023
Duration: 12:10

This video provides an expert legal analysis from William Kirk of Washington Gun Law concerning the Ninth Circuit's handling of the Duncan v. Bonta case. Kirk details the alleged 'gamesmanship' and procedural irregularities employed by the Ninth Circuit in its attempts to circumvent the Supreme Court's Bruen decision and maintain California's magazine ban. The analysis highlights concerns about the court's perceived bias against Second Amendment rights.

Quick Summary

The Ninth Circuit is accused of 'gamesmanship' in the Duncan v. Bonta case, challenging California's magazine ban. Critics allege the court circumvented rules, missed deadlines, and used unorthodox procedures after the Supreme Court's Bruen decision, potentially to obstruct Second Amendment rights.

Chapters

  1. 00:05Introduction: Duncan v. Bonta and Ninth Circuit Gamesmanship
  2. 00:34Review of Ninth Circuit Irregularities
  3. 01:07Duncan v. Bonta Trial and Judge Benitez's Ruling
  4. 01:53Magazine Ban Appeal and Initial Panel Decision
  5. 02:10Ninth Circuit Takes Case En Banc, Wipes Rules
  6. 02:43Supreme Court's GVR Order and Gamesmanship Resumes
  7. 03:29Case Should Not Return to Trial Court
  8. 03:52Ninth Circuit's Stance and Delay Tactics
  9. 04:35Judge Benitez's Ruling and Appeals Process
  10. 05:31Anticipating Ninth Circuit's Delay Strategy
  11. 05:53Gamesmanship and Procedural Rule Breaking
  12. 06:43Justice Van Dyke on En Banc Panel Irregularities
  13. 07:05Justice Van Dyke on Circumventing Rules
  14. 07:27Pressure and "Mace-Like Collegiality"
  15. 07:39Compromise and Rule Circumvention
  16. 08:06Ninth Circuit's History with Gun Owners
  17. 08:28Unprecedented Emergency Motion Handling
  18. 08:43Questioning the Unorthodox Rush
  19. 09:06Van Dyke's Concerns on Haste Against Second Amendment
  20. 09:20Zeal to Rule Against Second Amendment
  21. 09:31Controlling the Outcome of the Motion
  22. 09:54Ninth Circuit Playing Games, Fix Is In
  23. 10:55Thomas and Sotomayor Cases
  24. 11:20Hope for Supreme Court Intervention

Frequently Asked Questions

What is the Duncan v. Bonta case about?

The Duncan v. Bonta case concerns a challenge to California's ban on certain firearm magazines. Initially found unconstitutional by Judge Benitez and a Ninth Circuit three-judge panel, the case was taken en banc by the full Ninth Circuit, which subsequently reversed those decisions, leading to allegations of procedural gamesmanship.

Why is the Ninth Circuit accused of 'gamesmanship' in Duncan v. Bonta?

Critics allege the Ninth Circuit engaged in 'gamesmanship' by circumventing its own rules, missing deadlines for en banc review, and taking emergency motions in an unorthodox manner, all perceived as attempts to delay or obstruct a ruling favorable to Second Amendment rights following the Supreme Court's Bruen decision.

What was the impact of the Supreme Court's Bruen decision on the Duncan v. Bonta case?

The Supreme Court's Bruen decision, which clarified Second Amendment standards, led to the case being sent back to the Ninth Circuit via a GVR order. However, instead of applying the Bruen analysis directly, the Ninth Circuit is accused of further procedural maneuvering, allegedly to avoid upholding the right to bear arms.

What specific procedural irregularities are cited regarding the Ninth Circuit's en banc review?

Irregularities cited include a judge missing deadlines for en banc calls, decisions being made outside of established rules, pressure applied to panels, and the en banc panel taking an emergency motion as an initial matter, which is reportedly unprecedented for that court.

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