When DOJ Decides to Back Stab a Great Win

Published on April 7, 2026
Duration: 13:40

This video discusses the US Department of Justice's (DOJ) unexpected request for an en banc review in Benson v. United States, challenging a District of Columbia magazine ban. The DOJ's stance is seen as a 'backstab' to a favorable ruling for gun owners, raising concerns about their commitment to Second Amendment rights and internal consistency. The speaker highlights the DOJ's arguments regarding uniformity and public safety concerns, while criticizing their approach and potential impact on lawful gun owners.

Quick Summary

In Benson v. United States, the US Department of Justice (DOJ) requested an en banc review of a ruling against the District of Columbia's magazine ban. This move is criticized as a 'backstab' to gun owners, with the DOJ focusing on the remedy and uniformity rather than the core constitutional issue, raising concerns about their commitment to Second Amendment rights.

Chapters

  1. 00:00Introduction: DOJ's About-Face
  2. 01:01Benson v. United States Case Overview
  3. 02:05DOJ's Request for En Banc Review
  4. 03:15DOJ's Stated Reasons for Review
  5. 04:06Criticism of DOJ's Arguments
  6. 05:29DOJ's Argument on Remedy and Registration
  7. 07:11Undermining Registration Scheme
  8. 08:06Public Safety Concerns Raised by DOJ
  9. 09:03Dismissal of Gun Cases
  10. 09:49Comparison to Merrick Garland
  11. 10:33DOJ's Concern Over Statute's Entirety
  12. 10:47Is DOJ Pro-2A or Bipolar?
  13. 11:24DOJ's Enforcement Policy Shift
  14. 12:01Lack of Consistency and Embarrassment
  15. 12:40Conclusion and Resources

Frequently Asked Questions

What is Benson v. United States about?

Benson v. United States is a legal challenge against the District of Columbia's ban on large capacity ammunition feeding devices. A three-judge panel initially ruled in favor of the plaintiff, Benson, but the US Department of Justice (DOJ) has since requested an en banc review.

Why did the DOJ request an en banc review in Benson v. United States?

The DOJ requested an en banc review to maintain uniformity in court decisions and address a question of exceptional importance. They argue the lower court's remedy 'needlessly upends gun regulations' and want to ensure the statute's constitutionality is considered in its various applications.

What is the criticism of the DOJ's stance in Benson v. United States?

Critics argue the DOJ's actions 'backstabbed' a favorable ruling for gun owners, showing inconsistency and a potential lack of commitment to Second Amendment rights. The DOJ's focus on the remedy, rather than the underlying constitutional issue, is also questioned.

What are the implications of the DOJ's position on firearm registration?

The DOJ's arguments suggest that while firearms must be registered, large capacity magazines could be confiscated. This approach is seen as undermining the spirit of the ruling and potentially creating a loophole for continued regulation of firearm accessories.

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