THIS KEEPS GETTING WORSE: Anti-Gun 9th Circuit Judges Playing Games With the 2nd Amendment

Published on October 3, 2023
Duration: 16:48

This video analyzes the Ninth Circuit Court of Appeals' handling of the Duncan v. Bonta case concerning California's magazine capacity ban. The speaker argues that an 11-judge en banc panel improperly intervened in an emergency stay request, bypassing standard procedural paths that likely would have favored Second Amendment rights. This intervention is seen as an attempt to prevent the magazine ban from being overturned.

Quick Summary

The Ninth Circuit's handling of Duncan v. Bonta, concerning California's magazine ban, is criticized for an 11-judge en banc panel's intervention in an emergency stay request. This move bypassed standard procedures, potentially preventing a pro-Second Amendment outcome, as judges like Lee and Van Dyke, known for their Second Amendment advocacy, were likely circumvented.

Chapters

  1. 00:00Introduction: Ninth Circuit's Handling of Duncan v. Bonta
  2. 00:36Host Introduction: Mark Smith, Constitutional Attorney
  3. 01:28The Ninth Circuit Court of Appeals and Duncan v. Bonta
  4. 01:52Judge Benitez's Ruling on Magazine Limits
  5. 02:25California's Emergency Appeal to the Ninth Circuit
  6. 02:39Standard Procedure for Emergency Stays
  7. 03:34Identifying the Emergency Motions Panel Judges
  8. 04:01Judge Lee's Second Amendment Record
  9. 05:03Judge Lee's Role in Previous Duncan v. Bonta Appeal
  10. 06:00Inferring Panel Membership via Patagonia Case
  11. 06:59Judge Van Dyke's Second Amendment Stance
  12. 07:07Judge Van Dyke's Dissent in Duncan v. Bonta En Banc
  13. 08:31Possible Procedural Paths for the Stay Request
  14. 09:13Alternative: Original Three-Judge Panel
  15. 10:34Composition of the Original Three-Judge Panel
  16. 11:31Random Selection of Judges as Another Option
  17. 12:22Why Anti-Gunners Avoided Other Paths
  18. 13:20The En Banc Panel's Intervention: An Insane Move?
  19. 14:15Guaranteeing an Anti-Second Amendment Outcome
  20. 15:17The Four Boxes of American Liberty
  21. 15:36Conclusion and Call to Action

Frequently Asked Questions

What is the Duncan v. Bonta case about?

The Duncan v. Bonta case concerns California's law banning the possession of magazines capable of holding more than 10 rounds. Judge Benitez initially ruled this ban unconstitutional under the Second Amendment, but the Ninth Circuit's handling of subsequent appeals has been contentious.

Why is the Ninth Circuit's handling of Duncan v. Bonta controversial?

Critics argue that an 11-judge en banc panel improperly intervened in an emergency stay request. This action bypassed standard procedures that likely would have favored Second Amendment rights, suggesting an intent to prevent the magazine ban from being overturned.

Who are Judges Lee and Van Dyke in relation to the Second Amendment?

Judge Lee has authored decisions and concurrences favorable to Second Amendment rights, including in previous stages of the Duncan v. Bonta litigation. Judge Van Dyke is known for his strong dissenting opinions against rulings that restrict Second Amendment freedoms.

What are the typical procedures for emergency stay requests in the Ninth Circuit?

Emergency stay requests are usually handled by a three-judge 'on-call' or administrative motions panel. This panel addresses urgent matters before a case is assigned to a full panel for further review, aiming for swift resolution.

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