SHOCKING 2A NEWS: Federal Appeals Judge ATTACKS Ninth Circuit for Gaming 2nd Amendment Cases

Published on January 24, 2025
Duration: 19:25

This video discusses a legal maneuver in the Ninth Circuit Court of Appeals concerning Hawaii's ban on butterfly knives in the case Teeter v. Lopez. A favorable three-judge panel ruling for the Second Amendment was vacated when the full Ninth Circuit granted en banc review. Subsequently, Hawaii amended its law, rendering the case moot and preventing a definitive ruling on the Second Amendment's application to butterfly knives, a strategy highlighted by Judge Lawrence Van Dyke in his dissent as a tactic to avoid adverse precedent.

Quick Summary

The Ninth Circuit Court of Appeals vacated a ruling that found Hawaii's butterfly knife ban unconstitutional. This occurred after the full court granted en banc review, and Hawaii subsequently amended its law to make the case moot, preventing a definitive Second Amendment ruling.

Chapters

  1. 00:00Introduction: Ninth Circuit's Second Amendment Actions
  2. 00:17Teeter v. Lopez Case Overview
  3. 00:34Host Introduction: Mark Smith
  4. 01:07Judge Lawrence Van Dyke's Dissent
  5. 01:26Hawaii's Butterfly Knife Ban
  6. 01:56Lawsuit Filing and Pre-Bruen Ruling
  7. 02:21Post-Bruen Ninth Circuit Ruling
  8. 03:27Favorable Ruling for Second Amendment
  9. 03:51Ninth Circuit Grants En Banc Review
  10. 04:46Vacating the Three-Judge Panel Decision
  11. 05:50Hawaii Amends Law to Moot Case
  12. 07:12Mootness and Loss of Jurisdiction
  13. 09:16Ninth Circuit's Order on Mootness
  14. 10:09Judge Van Dyke's Critique of Ninth Circuit Tactics
  15. 11:10Judge Van Dyke's Dissenting Argument
  16. 12:26Essence of Judge Van Dyke's Argument
  17. 13:12The 'Panel Erasure' Game
  18. 14:12Ninth Circuit's Willingness to Sua Sponte Review
  19. 14:50The Ninth Circuit's Second Amendment Game Explained
  20. 16:42Judge Van Dyke's Call for Reinstatement
  21. 17:23Ninth Circuit Refuses to Reinstate Precedent
  22. 17:54Application to Arms Ban Cases
  23. 18:48Conclusion and Call to Action

Frequently Asked Questions

What happened to the Ninth Circuit's ruling in Teeter v. Lopez regarding Hawaii's butterfly knife ban?

Initially, a three-judge panel ruled Hawaii's butterfly knife ban unconstitutional under the Second Amendment. However, the full Ninth Circuit granted en banc review, which automatically vacated that ruling. Subsequently, Hawaii amended its law, making the case moot and preventing a definitive ruling.

How does the Ninth Circuit allegedly 'game' Second Amendment cases?

Critics, like Judge Lawrence Van Dyke, suggest the Ninth Circuit 'games' Second Amendment cases by vacating favorable panel rulings upon granting en banc review. This allows states to then moot the case by changing the challenged law, thus avoiding adverse precedent and the need for the full court to rule on the merits.

What is the significance of a case being declared 'moot' in federal court?

A case is moot when there is no longer a live case or controversy to be decided. This means federal courts, including the Ninth Circuit, lose jurisdiction to hear the case because Article III of the Constitution limits their authority to actual disputes.

What was Judge Lawrence Van Dyke's argument in his dissent regarding Teeter v. Lopez?

Judge Van Dyke argued that even if the case was moot, the Ninth Circuit should have at least reinstated the vacated three-judge panel decision. He believed this favorable precedent for the Second Amendment should be preserved and made citable, rather than allowing it to be erased.

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