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9th Circuit Judge Posts his Dissent on Youtube - High Capacity Mags

PlanB

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Saint Benitez is Very well liked in the California gun community. This guy seems to be cut from the same cloth.

Edit: Seems as though the American Bar Association does not like him. I assume it's because VanDyke appears to be a conservative based on the cases he took when in private practice. The ABA must be a leftist association.
 
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bilz

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Saint Benitez is Very well liked in the California gun community. This guy seems to be cut from the same cloth.

Edit: Seems as though the American Bar Association does not like him. I assume it's because VanDyke appears to be a conservative based on the cases he took when in private practice. The ABA must be a leftist association.
Seems like with the word Bar in the title they would be cool 😎
 

Lumpy

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This guy is awesome! Benitez out of San Diego and this guy (Lawrence VanDyke) are my top 2 judges, hands down!

Go to 5:15 if you don't want to hear the oral arguments.

As a former FFL, Range Master and High Power Match Shooter…the Judge is spot on.
 

mjc

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My question. If he usually rules for the gun community why does he keep getting the Ca gun cases? Everyone seems to judge shop why aren't the anti gun crowd not going to someone else?
 

Lumpy

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My question. If he usually rules for the gun community why does he keep getting the Ca gun cases? Everyone seems to judge shop why aren't the anti gun crowd not going to someone else?
Please elaborate.
 

DLC

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Could be that the pro gun side is the one judge shopping as these cases are all brought by them against the state’s gun grabbing laws.


Winner winner chicken dinner !!

Fair and Impartial comes to mind
 

Lumpy

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It seems the left keeps judge shopping to get the results they want but don't do that here.
Agreed…I think its been a slow learning curve for normal people out there. The left is for more intertwined and organized within the Gooberment…mainly the judicial system. Just watching that little pencil neck argue the case made me want to pick him up and throw him in a trash can head first…may as well be prosecuting a pencil for misspelling words.
 

Tooms22

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My question. If he usually rules for the gun community why does he keep getting the Ca gun cases? Everyone seems to judge shop why aren't the anti gun crowd not going to someone else?
This was a dissent. The majority agreed with California and upheld the over 10 round mag ban.

This is also the 9th circuit, which covers district courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. The 9th circuit is the most liberal in the country.

So California makes mag ban law. District court Judge Benitez in San Diego rules against the law. It's appealed to the 9th circuit, which everyone knows will agree with 99% of liberal shenanigns.

Moral of the story: Almost every gun law challenged in the above listed states goes to the 9th circuit if appealed from a district court.
 

Lumpy

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This was a dissent. The majority agreed with California and upheld the over 10 round mag ban.

This is also the 9th circuit, which covers district courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. The 9th circuit is the most liberal in the country.

So California makes mag ban law. District court Judge Benitez in San Diego rules against the law. It's appealed to the 9th circuit, which everyone knows will agree with 99% of liberal shenanigns.

Moral of the story: Almost every gun law challenged in the above listed states goes to the 9th circuit if appealed from a district court.
Spot on. Then it needs to be taken to SCOUS to overturn it but as you and many know SCOTUS has a rino problem.
 

Justsomeguy

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Spot on. Then it needs to be taken to SCOUS to overturn it but as you and many know SCOTUS has a rino problem.
I don't think that's fair. It's one of the most conservative courts we've ever seen. That doesn't mean they will agree with everything. That's the point of checks and balances. When it comes to guns.

Of the cases they've taken they have gone against the states. Why CA no longer has a for cause requirement in its CCW application. Heller before that with a far less conservative court.

What history will teach if one goes far enough back, is that the court really is powerless when it comes to the government. Theoretically the president could defy the court. They would have no recourse. Marbury v Madison. Although no one has. This is all to say Robert's is not dumb. These RINOs as you put it, must walk a very fine line. Disagree, and face potential discredit of the court. It's a delicate balance he will have to walk. When he disagrees he will have to button it up and make sure the weight of the issue isn't of over significance to the president risking his defiance. So far DJT has said he won't and you can't. But I think if the issue is of real significance to him and enough people tell him to, he may consider it. Robert's knows this. It's unlikely you will see him Disagree often. What I think you will see more of is, them decline to take up cases when they can as to avoid friction as much as possible.

Back to the point at hand. On this particular issue, IF they take it up. I think it's likely they overturn the 9th circuit. Which the court has traditionally trended to do anyway. My con law professor described the 9th circuit as the Supreme courts hippie sibling on acid. They had to constantly gently put him back in line and fix his mistake because he was obviously high at the time.

Mind you he had a pony tail and was in a rock cover band. So he was pretty hippie himself. 🤣
 

Justsomeguy

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This guy is awesome! Benitez out of San Diego and this guy (Lawrence VanDyke) are my top 2 judges, hands down!

Go to 5:15 if you don't want to hear the oral arguments.


Pretty sound argument to me. I think we are on the verge of seeing these issues in our rear view mirror. I think most of these people have never even held a gun or seen one. Part of the problem.

I have a judge in long Beach. He loves me. We talk guns all the time. He carries his into the court room. He's a savage. Absolutely obliterates clueless attorneys. He knew my dad. First time we met he said, "your his son? He must have saved his only good sperm on you." We've been good ever sense. I laugh when I see im in front of him. I know it's about to be a great day for me. Lol
 

Lumpy

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I don't think that's fair. It's one of the most conservative courts we've ever seen. That doesn't mean they will agree with everything. That's the point of checks and balances. When it comes to guns.

Of the cases they've taken they have gone against the states. Why CA no longer has a for cause requirement in its CCW application. Heller before that with a far less conservative court.

What history will teach if one goes far enough back, is that the court really is powerless when it comes to the government. Theoretically the president could defy the court. They would have no recourse. Marbury v Madison. Although no one has. This is all to say Robert's is not dumb. These RINOs as you put it, must walk a very fine line. Disagree, and face potential discredit of the court. It's a delicate balance he will have to walk. When he disagrees he will have to button it up and make sure the weight of the issue isn't of over significance to the president risking his defiance. So far DJT has said he won't and you can't. But I think if the issue is of real significance to him and enough people tell him to, he may consider it. Robert's knows this. It's unlikely you will see him Disagree often. What I think you will see more of is, them decline to take up cases when they can as to avoid friction as much as possible.

Back to the point at hand. On this particular issue, IF they take it up. I think it's likely they overturn the 9th circuit. Which the court has traditionally trended to do anyway. My con law professor described the 9th circuit as the Supreme courts hippie sibling on acid. They had to constantly gently put him back in line and fix his mistake because he was obviously high at the time.

Mind you he had a pony tail and was in a rock cover band. So he was pretty hippie himself. 🤣
Agreed and yes I was referring to Roberts. I was basing my opinion on the recent developments (cozying up with activist judges club and his recent opinion/ statement towards Trump). The recent development with the CA CCW…never saw that coming. Close friend of mine teaches those classes and informed me about the change to take effect as of the first of this year I think. Sounds like you're an attorney…you are far more versed than I sir…been outa the loop for some time now.
 
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