Ninth Circuit District Judge -
Superbly Argued Court Order

By Dean Weingarten. October 26, 2020

On 23 September, 2020, Judge Roger T. Benitez issued another impressive order in a case involving the Second Amendment.

A number of California residents, firearm businesses, special interest groups, foundations, and a political action committee have organized to sue California AG Xavier Becerra et al, to challenge the Constitutionality of California's complex net of regulations for the ownership and use of various firearms the state deems to be "assault weapons". The lawsuit has been winding its way through the federal legal system in the Ninth Circuit.

In Miller v. Becerra, the defendants moved to summarily dismiss the lawsuit on the basis of lack of standing, and for a failure to claim relief.

The judge in this case is Roger T. Benitez, of the United States District Court, Southern District of California. Judge Benitez has become well known for his superb, well reasoned and exquisitely written opinions in Second Amendment cases.

Judge Benitez has created another splendid example of his command of logic and rhetoric in the order denying summary judgement to AG Becerra and the other plaintiffs. ....

At last it seems, a judge who writes supportive opinions regarding Second Amendment matters and also understands oppression. It is to be hoped that the time may soon be ripe for the Supreme Court to once more take on important Second Amendment cases - after a considerable period of time with no attention to various infringements.


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