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The
Below Comments Relate to this Newslink:
CA: Dissent Excoriates Ninth Circuit Refusal of en banc Rehearing of Second Amendment
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Mai asked for an en banc review of his case. En banc reviews of Second Amendment cases seem to be routine for the Ninth Circuit, when the cases favor protecting Second Amendment rights.
This case, which had already ruled against Second Amendment protections, was, unsurprisingly, not granted an en banc review.
The surprising and positive event was eight judges dissented from the majority and believed an en banc review was called for. They dissented so strongly, they wrote and/or signed onto an extremely well argued, 29-page dissent.
The dissent is a powerful defense of the exercise of Second Amendment rights, and of Constitutional limitation of government power. |
| Comment by:
jac
(9/18/2020)
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| Give Trump another term and he will right the upside down 9th Circuit court. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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