California Ban on High-Cap Magazines overturned by ninth circuit

[jmoney]

Link:
https://www.bloomberg.com/news/artic...city-magazines

Holding:

“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the panel’s majority. California's ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”

Had to read it twice. Common sense rarely shows its face out of this judicial district.

[Diamondback]

Prediction: Either reversal by full Nutty Ninth, or reversal by "Earl Warren Reincarnated" Roberts at SCOTUS.

[BoringGuy45]

Trump has done a good job of tilting the this court. But that said, this decision will probably get overturned by this circuit when it gets heard en banc, which might not be a bad thing right now. The reason being that CA will no doubt appeal it if the ban is struck down en banc, and if it goes to the SC, there's a chance that Roberts votes with the liberals to uphold the ban once and for all.

[ddbtoth]

Trump has done a good job of tilting the this court. But that said, this decision will probably get overturned by this circuit when it gets heard en banc, which might not be a bad thing right now. The reason being that CA will no doubt appeal it if the ban is struck down en banc, and if it goes to the SC, there's a chance that Roberts votes with the liberals to uphold the ban once and for all.

Pray for continued good health for RBG.

[ubet]

Prediction: Either reversal by full Nutty Ninth, or reversal by "Earl Warren Reincarnated" Roberts at SCOTUS.

I don’t think SCOTUS will takes this on. They’ve declined some really big 2a cases lately. The right side of the bench wants to avoid Roberts bumbling this like he has so much starting with obummercare.


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[HKGuns]

How exactly is the 9th circuit going to over turn a ninth circuit decision?

[BoringGuy45]

How exactly is the 9th circuit going to over turn a ninth circuit decision?

This was a panel decision. They can re-hear it en banc with a more "favorable" selection of liberal justices.

[BoringGuy45]

Pray for continued good health for RBG.

Why would I do that? Knowing that a SC reversal will cement a mag ban as constitutionally permissible and that Roberts would rule that way, she'd probably vote to take the case. Roberts turns away cases to appeal to both the left and the right: The left gets their unconstitutional laws, and then Roberts appeals to the right and says he was just adhering to originalism, and without contradicting rulings by circuit courts, he shouldn't take the case. But if this is upheld, we now have contradictory rulings. I'm afraid Roberts would rule with the left that because the 2A doesn't specify that 10+ round mags are protected, and DC v. Heller found that not every weapon is protected for every purpose, who's to say that "high capacity" magazines are protected?

I won't really feel optimistic about a 2A case until either RGB or Breyer are replaced with a true conservative justice. For awhile, I thought Roberts was kicking the can down the road with 2A cases to avoid pissing off the left by ruling against them. But now, I think it's the other way around.

[Renegade]

How exactly is the 9th circuit going to over turn a ninth circuit decision?

Google "En Banc"

[Renegade]

This was a panel decision. They can re-hear it en banc with a more "favorable" selection of liberal justices.

If they appeal it will be to the full 9th, not a more "favorable" selection of liberal justices.

My guess? It will be appealed, the full 9th will reverse, and SCOTUS will refuse to take up. Thus the ban will be constitutional.