Holy sheep shit!
Trump & Bush 43-appointed judges on the 9th Circus Court of Appeals team up to strike down Mexifornia's limit on magazine capacity as UNCONSTITUTIONAL!!
Judge Kenneth K. Lee (Trump appointee) wrote a rousing defense of self-defense rights as minority rights, as he laid the foundation for future rulings.
“Our country’s history has shown that communities of color have a particularly compelling interest in exercising their Second Amendment rights. The Second Amendment provides one last line of defense for people of color when the state cannot — or will not — step in to protect them. This remains true today across all communities of color.”...
...California’s Section 32310’s failure to include that type of exception to this ban may be straw that broke the camel’s back. Judge Lee’s opinion for the 9th Circuit discussed the lack of such a clause at length, and why it made the case subject to judging under the constitution’s most demanding test for laws implicating fundamental rights: strict scrutiny. Judge Lee said:
“Without such a clause, law-abiding citizens who legally possessed LCMs[Large Capacity Magazines] before enactment are deprived of the right to use those arms for lawful ends. These law-abiding citizens could have owned LCM for decades, and perhaps even used them for self-defense in the past. But none of that matters under California law. They must turn them over – or face a year in jail. Based on the record before us, there is no apparent justification or support for the lack of a grandfather exception.”
Regarding the case as one where strict scrutiny applies is a keystone of the analysis, because very few regulations can survive such review. To pass muster, under this standard, the government must show there is a compelling state interest behind the challenged policy, and that the law or regulation is narrowly tailored to achieve its result. The court granted that reducing gun-violence was compelling, but found that this law was the opposite of narrowly-tailored.
Judge Lee wrote the majority opinion for a three-judge panel. He was joined by (Bush 43 appointee) Judge Consuelo Callahan, and both agreed that strict scrutiny applied and that the law failed the test. They also found that if the lower standard of intermediate scrutiny applied, the ban would fail under that analysis as well. That standard requires the government to show that laws examined under its standard serve an important government objective, and be substantially related to achieving the objective. The panel’s dissenter, Judge Barbara M. Lynn, wrote that the law should stand because it did survive intermediate scrutiny....
... This looks like another home run for Trump in an area in which he has been remarkably effective: appointing strongly pro-liberty judges. Lee writes:
“[T]he Second Amendment is not a second-class right. Nor is self-defense a dispensation granted at the state’s mercy. Rather, the Second Amendment is a fundamental constitutional right guaranteed to the people — especially those who may not be equally protected by the state. Moreover, the Second Amendment is not a relic relevant only during the era of Publius and parchments. It is a right that is exercised hundreds of times on any given day.”...
While demoncrats have squandered voters' trust and taxpayers' dollars spending all their resources on pointlessly hurling sticks and stones at Trump instead of tending to The People's business, Trump is steadily draining THE SWAMP. He has appointed more than 50 conservative judges to federal benches, to include 10 to Mexifornia's 9th Circus Court of Appeals alone.
And this is Meiffornia's payout from Trump ignoring the demoncrat's endless name-calling and pursuing The People's business.