Breaking Legal News & Current Law Headlines | Daily Legal Briefing
  • Home
  • Hot Topics
  • Breaking
  • Business
  • Big Law
  • Small Law
  • Law School
  • Legal Tech
No Result
View All Result
No Result
View All Result
Breaking Legal News & Current Law Headlines | Daily Legal Briefing
No Result
View All Result
Home Hot Topics

9th Circuit judge writes opinions for and against constitutionality of pandemic gun-store closings

Daily Legal Briefing by Daily Legal Briefing
January 25, 2022
in Hot Topics
0
9th Circuit judge writes opinions for and against constitutionality of pandemic gun-store closings
4
SHARES
32
VIEWS
Share on FacebookShare on Twitter


  1. Home
  2. Daily News
  3. 9th Circuit judge writes opinions for and…

Judiciary

9th Circuit judge writes opinions for and against constitutionality of pandemic gun-store closings

By Debra Cassens Weiss

January 24, 2022, 9:24 am CST

guns

Image from Shutterstock.

A federal appeals judge took two positions on pandemic gun-store closings Thursday with the aim of making a point about his court’s “exceptionally malleable” approach to the Second Amendment.

The judge is Judge Lawrence VanDyke of the 9th U.S. Circuit Court of Appeals at San Francisco.

In his Jan. 20 opinion for the panel, VanDyke revived a Second Amendment lawsuit challenging the 48-day closing of gun stores, ammunition shops and firing ranges in Ventura County, California.

VanDyke’s opinion said the closings violated the Second Amendment when evaluated under strict scrutiny and intermediate scrutiny.

He took the opposite position in an “alternative draft opinion.” The intent, he said tongue in cheek, was to help colleagues who would find no Second Amendment violation in a near certain en banc review.

Law.com, Reuters and the Associated Press have coverage.

VanDyke began his concurrence this way:

“I agree wholeheartedly with the majority opinion, which is not terribly surprising since I wrote it. But I write separately to make two additional points. The first is simply to predict what happens next. I’m not a prophet, but since this panel just enforced the Second Amendment, and this is the 9th Circuit, this ruling will almost certainly face an en banc challenge. …

“My second point is related to the first. As I’ve recently explained, our circuit can uphold any and every gun regulation because our current Second Amendment framework is exceptionally malleable and essentially equates to rational basis review.”

To assist his “hard-working colleagues,” VanDyke said he would write an “alternative draft opinion that will apply our test in a way more to the liking of the majority of our court. That way, I can demonstrate just how easy it is to reach any desired conclusion under our current framework, and the majority of our court can get a jump-start on calling this case en banc.”

The alternative draft rejected strict scrutiny in favor of intermediate scrutiny. But VanDyke included footnotes that took digs at the alternative analysis.

One example: “We refer to strict scrutiny as a theoretical matter—a thought-experiment, really. Our court has never ultimately applied strict scrutiny to any real-life gun regulation.”

Another example was a footnote to a sentence saying there wasn’t a severe burden on anyone’s ability to exercise Second Amendment rights. The footnote said: “‘Severe’ is a very strong word, and a real workhorse when italicized.”

VanDyke concluded his concurrence, dubbed a “fauxpinion by the Volokh Conspiracy, with two words: “You’re welcome.”

In another Jan. 20 opinion, the same panel held that a gun-store closure order in Los Angeles County, California, violated the Second Amendment, citing the reasons set forth in the Ventura County case.

The Ventura County case is McDougall v. County of Ventura. The Los Angeles County case is Martinez v. Villanueva.





Click to Read Original Article

Previous Post

This Biglaw Firm Is Handing Out Up To $25K To Former Lawyers Who Refer New Associates

Next Post

Top Firm Gets On Board With $215K Associate Compensation Scale

Daily Legal Briefing

Daily Legal Briefing

Related Posts

Judge imposes default judgment against former Littler Mendelson client for ‘subversive approach to discovery’
Hot Topics

5th Circuit tells lawyer it is ‘often advisable to read the court’s orders,’ upholds $1,250 sanction

by Daily Legal Briefing
April 12, 2022
Law firm’s managing partner had a ‘fixation’ with employee surveillance, wiretap suit says
Hot Topics

Law firm’s managing partner had a ‘fixation’ with employee surveillance, wiretap suit says

by Daily Legal Briefing
April 12, 2022
Law school applicants are down, for now, for the first time since 2018
Hot Topics

Following a boost in 2021, national average score for February 2022 MBE drops

by Daily Legal Briefing
April 12, 2022
Google violated its ‘don’t be evil’ code when it fired 3 outspoken employees abiding by mandate, suit says
Hot Topics

Google’s ‘privileged’ email labeling, said to prevent lawsuit disclosure, was ‘eyebrow raising,’ judge says

by Daily Legal Briefing
April 11, 2022
New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle
Hot Topics

New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle

by Daily Legal Briefing
April 11, 2022
Next Post
Top Firm Gets On Board With $215K Associate Compensation Scale

Top Firm Gets On Board With $215K Associate Compensation Scale

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Premium Content

Penguin Random House Demands Removal Of Maus From Digital Library Because The Book Is Popular Again

Penguin Random House Demands Removal Of Maus From Digital Library Because The Book Is Popular Again

February 12, 2022
It May Be Time To Close Your Firm

It May Be Time To Close Your Firm

May 14, 2022
Looking For The Easiest Way To Access Court Filings? Try PacerPro

Looking For The Easiest Way To Access Court Filings? Try PacerPro

September 28, 2022

Browse by Category

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

About US

Breaking Legal News & Current Law Headlines | Daily Legal Briefing.
Online coverage of breaking legal news and current law headlines from around the US. Top stories, videos, insight, and in-depth analysis.

Categories

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

Recent Updates

  • New York’s Biglaw Firms Really Flopped Financially Last Year
  • The Legal and Ethical Implications of Workplace Vaccine Mandates
  • Decades Of Impenetrable Walls Of Text

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

No Result
View All Result
  • Contact Us
  • Home

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?