Description
A Ninth Circuit judge just filed a legal opinion asking the Supreme Court to come smack down his own court.
Not a lawyer.
Not a gun group.
A sitting federal appeals judge.
Judge Lawrence VanDyke says the Ninth Circuit has a long history of refusing to vindicate the Second Amendment, and the case that finally pushed him over the edge was not about an AR-15.
It was about a switchblade.
California restricted how people can carry a folding knife, and the Ninth Circuit found a way to uphold it.
That matters because Heller says the Second Amendment protects bearable arms, and a knife is about as bearable as arms get.
But according to VanDyke, this is what the Ninth Circuit keeps doing.
Magazines.
Rifles.
Carry permits.
Knives.
Different arm, same trick.
When gun owners win, the court finds a way to run the play again until it gets the answer it wanted the first time.
And VanDyke finally said it out loud.
He said it is time for the Supreme Court to issue some “benchslaps” because nothing else will make the Ninth Circuit pause before blessing every arms restriction it reviews.
That is a sitting judge telling SCOTUS the refs are cooking the game.
And this is bigger than one knife case.
Because if lower courts can slow-walk the Second Amendment, dodge Bruen, and uphold restriction after restriction while the Supreme Court refuses to step in, then your rights exist on paper while the lower courts quietly hollow them out in practice.
Clarence Thomas has already warned that the Court needs to give more guidance on which weapons the Second Amendment protects.
Now Judge VanDyke is saying the same thing from inside the Ninth Circuit.
So the question is simple:
Does the Supreme Court finally step in and stop this?
Or does the Ninth Circuit get to keep running the table while gun owners wait years for rights the Constitution already says they have?
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