Posted on 09/04/2022 6:17:05 AM PDT by marktwain
On August 19, 2022, the Ninth Circuit Court of Appeals summarily remanded the Young v. Hawaii case back to the District Court for a re-hearing after the Supreme Court granted cert, vacated the previous Ninth Circuit decision, and remanded the case back to the Ninth Circuit for a rehearing.
In 2011, George Young applied twice to obtain a permit to carry a firearm for self-defense outside his home in Hawaii, either openly or concealed. Both his applications were denied by the Chief of Police, Harry Kubojiri, who cited Hawaii law.
Young filed a lawsuit claiming his Constitutional right to keep and bear arms was violated and lost at the District Court level. He appealed to the Ninth Circuit. The three-judge panel at the Ninth Circuit held for Young. The Ninth Circuit agreed to hear the case en banc. The en banc panel held against Young. The case made it all the way to the Supreme Court.
The court had not heard the case when they released the NYSR&PA v Bruen decision this year. Shortly after the Bruen decision, the Supreme Court granted a writ of certiorari to Young and three other cases, vacated all four, and remanded them back down to the appellate level to be re-heard at the various appellate courts.
In the case of Young, it was and is the Ninth Circuit Court of Appeals.
At that point, it would have appeared Young had finally won his decade-long court fight to be granted a permit to carry in order to exercise his Second Amendment rights.
As those who have observed this fight, and commented on it over the years, have noted, the Ninth Circuit is actively hostile to exercising Second Amendment rights.
(Excerpt) Read more at ammoland.com ...
George Young will have to wait longer to obtain a carry permit.
SCOTUS could’ve settled this.
I think forcing the 9th Circuit to rule in favor of Young is stronger. The 9th Circuit trial judges will not be able to claim a split in the Circuits as a reason to disregard the SCOTUS decision which might have just a tiny bit different facts.
They did.
Ninth Circuit is being recalcitrant.
That is what I was thinking too. SCOTUS already settled this right recently.
Is there an immediate remedy to judges that have and continue unconstitutional decisions that quickly delivers justice to the people who’s rights have been abused?
I thought Trump changed the composition of the Ninth Circuit and it is not as liberal as it used to be.
This case isn’t unique. SCOTUS is remanding all of these outstanding cases to be reheard since their last decision was groundbreaking and changed everything about conceal carry. Now that they have set a precedent that every individual has a right to bear loaded arms for self defense, the appeals courts should be following that precedent. I am sure some won’t, but I think now even most of the most liberal of appeals courts will feel bound by the SCOTUS ruling. I don’t think they are so stupid as to competely defy SCOTUS.
Young should get a favorable ruling from the Ninth now.
They did. By vacating FOUR cases similar in nature they ripped the lower courts a new one and sent a loud & clear message:
Stop abusing judicial discretion in favor of political bias and rule appropriately on clear constitutional matters.
Imagine if SCOTUS was to hear ALL similar cases of leftists abusing Constitutional Rights which should be adjudicated in lower courts: They’d never get anything done.
Yes, Judges can be impeached. A fair number have been.
In practice, it is rare.
For the Republic to survive, an independent judiciary must be preserved. Legislatures are reluctant to impeach judges who can claim to be following the law.
The Congress is very close to evenly split; this makes impeachment unlikely.
It appears to me, they are stalling, stalling, hoping for a Hail Mary pass to come through.
It could happen. Suppose, in the mid-terms, the House is held by Democrats and they increase their majority in the Senate by two or three...
Then the Democrats could pack the court, and reverse Heller, McDonald, Caetano, and Bruen.
It’s the habit of the Roberts court. They send cases back down with a teacher’s comment in red ink, Do Over, and the lower court is supposed to take the hint.
Occasionally they do.
The downside is that individual citizens get stuck in the system.
The instructions by Thomas in the Bruen decision are pretty clear.
Thanks, Mark, your Analysis comments were very interesting, and illustrative of the big picture.
Yes, there is...
The house controls the judiciary.
These rogue judges can be impeached by the house.
However, the uniparty will never allow any judge to be impeached.
We need MAGA people in the house.
And they did,in fact,do so...within a few days of the decision in "Bruen". It's as if they had these laws already written awaiting a quick vote if Bruen had gone against them.
And they know that it will take years for *these* laws to be overturned...just as it did with Bruen.
According to the Dred Scott Decision of 1857, blacks were not US citizens because...
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
And over 400 paragraphs after to prove blacks weren’t citizens, and the roots of the Civil War were planted.
Which means the reason a Hawaiian cannot carry a firearm everywhere he goes is...He is not considered a citizen by the local police chief.
Since the 17th Amendment the federal Judiciary has been tainted.. with the removal of the State Legislatures and State Capitols from the election of Senators, it truly was a check and balance on the Federal Government, the parties and lobbyists have run amuk with concentrated powers/influence.. we see that today, a lot..
This also show up in the skewed Judiciary we all have observed for the last 80 years or so..
A malignant Senate = a malignant Judiciary.
Well past time to repeal the 17th Amendment and eliminate the Senior Executive Service too. Two lines to vote on, one Convention of States, if passed, America is truly a Republic again.
It may not.
Those laws are being challenged right now.
One of the things being asked for is a temporary injunction which would last until a court challenge is completed.
Why would any lower court follow the SCOTUS? What would happen to corrupt lower jurists if they didn’t? Nothing. And they could effectively deny second amendment and other rights to this and any other individuals under their jurisdiction. The SCOTUS is absolutely toothless to enforce its decisions. And these people know it.
This is a fascist rebellion and people need to recognize it for what it is.
The ninth Circ has remanded every 2A case back to start all over again. In the end the plaintiffs will prevail and the totally unconstitutional laws will be stricken but right now the commies on the 9th Circus are just stalling hoping that by the time they go back to the Supreme Court a justice or two will be replaced by democrats.
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