As was expected, the Ninth Circuit Court of Appeals granted California’s request on Monday, February 5, 2024 and issued a stay in Rhode v. Bonta, the ammunition background check ruling which was ruled unconstitutional just six days ago by Federal Judge Roger T. Benitez. Ammunition background checks now continue, preserving the State’s precious status quo during the appeals process. Not preserved are the constitutional rights of Californians.
Of course, the ‘status quo’ the state wanted to preserve is not the one which was in place since ammunition was invented, or the founding of our nation in 1776, or since California joined the union in 1850, but that time honored tradition ushered into place in 2016 with Proposition 63 and the bait-and-switch Senate Bill 1235.
The short order did not offer any explanation or the rationale behind it, however it did contain the dissenting opinion from one judge on the three-judge panel.
“I would deny the motion for a stay pending appeal. I do not believe appellant has met his burden of showing a likelihood of success on the merits or that irreparable injury will occur absent a stay.”
Whenever there is a decision like this, everyone always looks at who appointed the judges involved as an indication of their political bias. AGAIN, I’ll point out that political leaning in a constitutional court should be given absolutely ZERO consideration, but that’s not the reality we live in. In this case, two of the judges were appointed by republican George W. Bush and one was appointed by democrat Joe Biden. But does that really matter? Guess what, it doesn’t, and that’s where Blue Slips come in.
Blue slips are a quaint partisan tradition in the United States Senate which ensures a judge with an ‘acceptable’ political ideology to the home state senators is appointed to the court. It is a slip of paper the home state senator returns to the Senate Judicial Committee to show their approval of a federal judicial nominee.
While it is the President of the United States who appoints federal judges, the Senate must give them a hearing and approval. Depending on the majority party of the Senate, the President must choose a candidate not based on their legal prowess or judicial integrity, but one that will be acceptable to the home state senators and the majority in the Senate. Even in the case of majority representation in the Senate, the home state Senators can withhold their blue slip and thereby deny the nominee a hearing and vote.
What this archaic Senate rule means is only liberal leaning judges are ever going to be appointed in a liberal state. The result is what we now see in the Ninth Circuit Court of Appeals, a supposedly independent judicial body which functions as a rubber stamp for liberal legislatures in the Ninth Circuit.
By the way, this is the same logic used in the argument to pack the Supreme Court with five new liberal justices in order to remove political bias.
Rhode v. Bonta now continues its appeal process with unconstitutional law left in place. One thing we can be absolutely certain of at this point, the case will be slow walked, delayed, stalled and motioned to death until the current 5-4 conservative majority of the Supreme Court flips to a liberal majority, either by the replacement of a justice or packing of the Court. Meanwhile, only the lawyers will be benefiting.
Sorry California. Ammunition Freedom Week was great, but it is over now and the constitutional right to bear arms has been relegated to second-class right status once again.
As for you in the rest of the country, are you paying attention? Do you really think it doesn’t matter who you vote for?
Bob
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