An Unintended Side Effect to 2020: The Ninth Circuit Gets One Right

The AP reports that the Court of Appeals for the Ninth Circuit has ruled that California’s ban on standard-capacity magazines for firearms is unconstitutional.

This puts the Ninth Circuit in opposition to several others including the Fourth which upheld Maryland’s ban.

Trump and the 9th Circuit

The federal Court of Appeals for the 9th Circuit is seen by many as a liberal court which has its decisions reversed quite often by the Supreme Court. Over the past few days, President Trump has taken a bit of flak (including some from the Chief Justice) about his comments concerning the 9th Circuit.

The President’s comments have a certain resonance for me. You see, his skepticism about the 9th Circuit is shared by many lawyers and some judges. This exchange between Brett Kimberlin and Judge Johnson occurred during first day of the Kimberlin v. Walker, et al. trial in 2014.

(Kimberlin failed to cite any case that would support the point he was trying to make to the judge.)

If a state court judge can express such skepticism of the 9th Circuit, why can’t the President?

The California Raisins Case

There’s a joke about a lawyer who begins his oral argument in the Supreme Court by saying, “I’m appealing a ruling of the Ninth Circuit, but I have other arguments as well.”

The Supremes reversed the Ninth Circuit again today in a case that’s been called “The California Raisins Case” (Horne v. Department of Agriculture). You can read about it here.