Will the Ninth Circus be reversed yet again? . . . U.S. Supreme Court Urged to Reverse 9th Circuit Gun Control Ruling
Today, plaintiffs in a long-running Second Amendment lawsuit challenging the State of California’s 10-day “waiting period laws” for firearm transfers have filed a brief at the United States Supreme Court urging the Justices to take up the case or issue a summary reversal of the 9th Circuit’s decision.
The case, captioned Jeff Silvester, et al. v. California Attorney General Xavier Becerra, seeks to overturn a Ninth Circuit Court of Appeals decision and clarify the standards that all lower courts should use when reviewing Second Amendment lawsuits. Since the Supreme Court’s landmark McDonald v. Chicago decision, state and federal courts throughout the country have used wildly different approaches in scrutinizing laws that burden or eliminate the right to keep and bear arms.
The Plaintiffs and Petitioners’ reply brief, authored by Supreme Court and appellate attorney Erik. S. Jaffe of Washington, D.C., opens by pulling no punches: “After a waiver, a [call for response], and an extension of time, the [State’s] Brief in Opposition illustrates perfectly the contempt into which the Ninth Circuit has brought this Court’s precedents. A candid response would have confessed error and moved on. The response filed by the California Attorney General instead demonstrates a near complete lack of concern for precedent, procedure, or the risk of correction by this Court.”
It’s almost as if the Ninth Circuit really doesn’t care about the Supreme Court’s Heller and McDonald precedents. But their recent refusal to review the Maryland “assault weapons” ban, may signal a reluctance to touch any Second Amendment cases as the court is currently constituted.