Ninth Circuit Trump Appointed Judge Lampoons His Entire Circuit Over Its Treatment of the Second Amendment

As a rule, few things are less likely to be the source of humor than court decisions. Sometimes there are excellent puns or low-key snark, but you don’t find belly-laugh material. Usually.

Last Friday, a panel of the Ninth Circuit published a decision on a complaint arising from Ventura, California, that covered both the COVID panic and the Second Amendment. During the height of the COVID panic, that county ordered firing ranges, and gun shops closed. Presumably, this is because the Wuhan virus has a particular affinity for recreational venues. Several groups and individuals sued to overturn the order as it targeted an enumerated right under the U.S. Constitution.

The panel considering the case consisted of Judges Andrew Kleinfield (George W. Bush), Ryan Cooper (Donald Trump), and Lawrence VanDyke (Donald Trump). They concluded in a relatively straightforward manner that because the Second Amendment is a guaranteed right, any regulation must pass a “strict scrutiny” standard regardless of what the public health nazis wished to impose.

The only document the County pointed to as justification was the edict itself, in which its Health Officer recited in the “Whereas” clauses that “social isolation is considered useful” for this purpose. The County provided no evidence and no justification for why bicycles could be purchased and delivered, for example, but firearms could not even be picked up at the storefront, or for why such outdoor activities as walking, bicycling, and golfing were allowed, but acquiring and maintaining proficiency at outdoor shooting ranges was not. The County has simply neglected to make a record that could justify its actions. Neither pandemic nor even war wipes away the Constitution.

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