[Huck]

Sandy, if you're around, could you jump in on this topic for a minute? The question at hand is Janice Rogers Brown judgement in a Cali RKBA case, where she apparantly followed the precedent of the Ninth Circuit while abiding by the Cali Constitution, which has no RKBA in it. Could she contradict the Ninth Circuit and assert an individual RKBA, or would that be way out of bounds? Given that the SCOTUS hasn't ever ruled on the question, seems like it'd be a stretch for a state supreme court judge to jump in, no?

[Sandy]

Regarding your question, I gotta read the thread first.

[Sandy]

It was a proper ruling. The case wasn't even really about RKBA, either state or federal. The questions dealt with equal protection and separation of powers. I don't think 9th Circuit precedent was even mentioned in the decision. Regardless, state courts have no authority to overrule or be contrary to federal courts, so it's nuts to think that she should've done so (as if the rest of the court would've gone along with that!).

Here's the decision. Scroll down and read her concurrence. (Weird, she wrote the majority opinion plus a separate concurrence. ) She's obviously very pro 2nd Amendment, imo. Check it out.