Posted on 03/31/2019 7:16:38 AM PDT by rktman
Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.
In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.
Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.”
(Excerpt) Read more at townhall.com ...
It’s the never-ending fight.
Someone is always trying to take what’s yours; whether it’s your property, your money, or your rights.
Obamacare always is the first thing that comes to my mind when it comes to being unconstitutional.
Next week The Turtle plans to break the log-jam on judges, and if he can pull that off, the 9th will become roughly 50/50 Dem/Rep...so there would be an even chance of this ruling surviving that court, FINALLY.
BOTH parties turned the Constitution upside down to allow the Kenyan from Indonesia to usurp the Presidency.
Then Corker and the GOP turned the Constitution upside down so the Kenyanesian Usurper could have his “Iran deal”.
Obama is the first thing that comes to my mind when it comes to being unconstitutional.
Roberts in Obamacare. —Not since the Dred Scott decision has the court done do much to discredit itself and respect for law. ( and as bad as the Scott decision really was, it at least had a constitutional basis of sorts — alas—- while the Zero- care order lacked both a constitutional and a rational basis). Someone needs to find out how the Roberts order got written , issued. There were all the published allegations he was blackmailed by a threatened criminal prosecution — where are our “investigative reporters” of yore?
Actually, when the five current vacancies are filled, it will be a 16 RAT v. 13 Republican Court. Pray for Trump’s re-election because it will likely take another 4 years to completely drive out the RAT stench from the 9th (probably leaving the 7 Obola appointees, because all but one of them is under 60). Obola was smart, Boosh II wasn’t. As a consequence of Boosh II appointing old farts to the 9th, Trump will not only have to replace the “remains” of what Clinton did, but also a number of the Boosh II appointees as well (there are five of them, the youngest of which is 64 with the oldest 84). Trump knows that the key to fixing our courts is installing “youngsters” who will be there 30 to 40 years. That will be his legacy toward saving our country. People do not realize what Hillary would have been able to accomplish with the Judiciary. She could have made it a permanent RAT province had she been elected.
“...There were all the published allegations he was blackmailed by a threatened criminal prosecution — where are our “investigative reporters” of yore? ..”
This was supposedly over some questionable adoptions if my memory serves me right. Violating - US Law? I’ve seen it claimed to be Irish Law or even to be some Latin American country’s law. Other then US Law it seems more embarrassing then career ending and he could claim ‘I did it for my wife so we could have a family!’ Public sympathy would have been on his side & he would have weathered the storm. Seems like there’s another reason! Secretly “gay” doesn’t cut it either, not in this day & age!
Your analysis makes good sense. Still, if he broke ANY laws, it could have been used against him - I think given his position on the court he would have wanted very much to keep his violations hushed up, quiet. Someday we will maybe find out if this was it or maybe something else — where are our journalists when we need them?
Thanks, well, close to 50/50 then.
I can somewhat understand some rank-and-file Republicans not voting for Trump, given Trump’s past and the media onslaught against him.
But, MY GOD, the people who eat, sleep, and drink politics simply have NO EXCUSE for effectively supporting Hillary - unless they were always Leftists, but figured they could get more done posing as conservatives - which I think was the case.
But Trump has smoked them out, all of them. The media may keep them in our faces, but we will NEVER trust them again, they are a joke to us.
Nailed it.
“But Trump has smoked them out, all of them. The media may keep them in our faces, but we will NEVER trust them again, they are a joke to us.”
This is perhaps Trump’s “biggest gift” to us all. Because until he came along, I actually believed that the GOP really had our best interests at heart and that it was just “too big a job” for them to be successful in turning our country back into what it was founded to be. And now, with a President intent upon really fixing the things that are broken, we see that the GOP really isn’t interested in helping him. When I see 12 GOPe (aka RINO) Senators voting to override his lawful declaration of a national emergency, I fully realize just how I’ve been played by these a$$holes for my entire life.
California legislators have a long-standing habit of doing that.
Why is the Second Amendment the only Article in the Federally protected Bill of Rights subject to regulation by the States?
Palmetto State Armory and a few others are shipping the standard 30 round AR mags and standard handgun mags to Cali as of yesterday. Buy em while you can.
Bush was complicit. Bush was UniParty.
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