The Brief That Simply Asks; What the Hell is Wrong With the 9th Circuit?

Published on August 27, 2025
Duration: 14:10

This video analyzes an amicus brief challenging the Ninth Circuit's consistent reversal of Second Amendment victories. It highlights the court's unusual practice of granting en banc review in gun rights cases, often overturning three-judge panel decisions. The brief argues this pattern erodes confidence in the judiciary and taxes advocacy groups' resources.

Quick Summary

The Ninth Circuit Court of Appeals faces criticism for its unusual pattern of granting en banc review in Second Amendment cases, often reversing favorable rulings for plaintiffs. This practice, highlighted in Yukatakei v. Lopez, is seen as damaging to judicial confidence and resource-intensive for advocacy groups.

Chapters

  1. 00:00Introduction: The Ninth Circuit En Banc Pattern
  2. 00:55The Ninth Circuit 'Circus' and Yukatakei v. Lopez
  3. 01:18Hawaii Gun Laws Under Challenge
  4. 01:46Three-Judge Panel vs. En Banc Review
  5. 02:00The Amicus Brief: A Systemic Problem
  6. 03:05Amici's Voice: Hard-Won Victories Stripped Away
  7. 03:52Every Second Amendment Victory Reversed on En Banc
  8. 04:38The Ninth Circuit Bench: Complicit?
  9. 04:45Brief's Framing: Habit of Granting En Banc
  10. 05:19Calling Out the Ninth Circuit
  11. 05:23Hawaii Laws: Crazy Even by State Standards
  12. 05:56Will the Ninth Circuit Accept Review?
  13. 06:16Chilling Effect on Gun Owners
  14. 06:32Astonishing 50-0 Record Against Gun Rights
  15. 07:11Egregious Anti-Second Amendment Rulings
  16. 08:00Disturbing Trend or By Design?
  17. 08:43Statistical Likelihood of En Banc Review
  18. 09:4119 En Banc Hearings to Reverse Panels Post-Heller
  19. 10:26Is the Fix In? Procedural Irregularities
  20. 10:43Bending Internal Rules for Desired Results
  21. 11:18Indefensible and Clear: The Ninth Circuit's Actions
  22. 11:32Panel Correct Result vs. En Banc Reversal
  23. 11:41Undermining Trust in the Judiciary
  24. 12:04Losing Confidence in the System
  25. 12:10Always Lose, or Wins Reversed
  26. 12:20Amicus Party's Desired Remedy
  27. 12:38The Judicial Middle Finger to the Supreme Court
  28. 13:03Kudos to the Amicus Brief Authors
  29. 13:11Conclusion and Resources

Frequently Asked Questions

What is the main criticism of the Ninth Circuit's handling of Second Amendment cases?

The primary criticism is the Ninth Circuit's statistically unusual and consistent practice of granting en banc review to overturn three-judge panel decisions that favor Second Amendment plaintiffs. This pattern suggests a bias against gun rights and erodes confidence in the court's impartiality.

What specific Hawaii gun laws are being challenged in Yukatakei v. Lopez?

The case challenges two Hawaii gun laws: one requiring a permit to purchase a firearm with a very narrow time window for completion, and another mandating a physical inspection of a newly purchased firearm by local police within five days.

What is the significance of an 'en banc' review in the Ninth Circuit?

An en banc review means the entire panel of judges on the Ninth Circuit Court of Appeals reconsiders a case, rather than just the original three-judge panel. It's a rare procedure for most cases but appears common for Second Amendment challenges, often leading to reversals.

What impact does the Ninth Circuit's en banc practice have on Second Amendment advocacy groups?

This practice significantly taxes the limited resources of Second Amendment advocacy groups. They must expend considerable time and money to defend victories that are frequently overturned on en banc review, facing taxpayer-funded state governments with seemingly unlimited litigation budgets.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →