CA: 9th Circuit Appeals Court -
No "Right to Bear Arms" in 2A

By Dean Weingarten. April 7, 2021

The Ninth Circuit Court of Appeals, in an en banc panel, has found there is no "Right to Bear Arms" in the Second Amendment of the United States Constitution. The majority opinion was written by Judge Bybee.

The case is the long delayed Young v. State of Hawaii. It will undoubtedly be appealed to the United States Supreme Court (SCOTUS). Whether SCOTUS will grant a writ of Certiorari is unknown at this time. SCOTUS has refused to grant a hearing to nearly all Second Amendment cases for over a decade.

On 15 June, of 2020, SCOTUS refused to hear ten pending Second Amendment cases. The consensus, at the time, was the Court was evenly split, with four justices likely in favor of enforcing the Second Amendment, and four justices in favor of gutting the Second Amendment. Justice Kennedy was considered a swing justice which could go either way. Therefore, neither side was willing to risk a case which might go against their desires.

Since then, Justice Kennedy has retired. Justice Ginsburg has died. They were replaced by Justice Kavanaugh and Justice Barrett. Both were advertised as strong originalists and textualists, who would uphold the Constitution as written.

The ruling class considers SCOTUS to have a strong conservative majority. It is far from clear. Chief Justice Roberts' opinions turned sharply to the Left with his controversial opinion which upheld the constitutionality of Obamacare. Roberts was reported as bullying SCOTUS into finding the State of Texas did not have standing to sue regarding constitutional irregularities in the 2020 elections. .....

It is very than concerning that SCOTUS more and more is seeming to be influenced by politics and ideology, plus, Justice Roberts has apparently shifted left in recent times. In fact it seems harder and harder within the court system generally to find politically impartial judgements, in particular often concerning 2A matters.


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