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The Latest Breaking News from Lawrence VanDyke

Second Amendment Roundup: 9th Circuit Upholds California Magazine Ban (Again)

The third time isn’t the charm.

Reason

Judges wrestle with latest Supreme Court gun rights opinion - Roll Call

The Supreme Court’s latest opinion on gun rights has not eliminated the disagreement among judges in those challenges, legal experts say.

Roll Call

Disgrantle: A New Legal Nonce Word

From footnote 1 to Judge Lawrence VanDyke's dissent from the grant of rehearing en banc (recall that "dissental" is a relatively new legal term meaning "dissent from denial of rehearing en banc," which has enjoyed some popularity): While dissentals are more common, judges on both this and other courts have,…

Reason

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read the most diverse news in one place.

Ninth Circuit Panel Concludes That Some Felons May Have Second Amendment Rights

Today's U.S. v. Duarte, written by Judge Carlos Bea and joined by Judge Lawrence VanDyke, concludes that the Second Amendment protects some felons (at least after the end of their criminal sentences). The majority begins with the principle that: [The Supreme Court's decision in] Bruen instructs us to assess all…

Reason

Ninth Circuit Denies Rehearing En Banc of Panel Decision Holding Gun Ads Restriction Is Likely Unconstitutional

The order came down today; it noted that no judge called for a vote on the en banc rehearing petition. Here's my post on the panel decision, from September. [* * *] California Restriction on Gun Ads That "Reasonably Appear[] to Be Attractive to Minors" Likely Unconstitutional From Junior Sports…

Reason

California Restriction on Gun Ads That "Reasonably Appear[] to Be Attractive to Minors" Likely Unconstitutional

From Junior Sports Magazines, Inc. v. Bonta, decided today by Ninth Circuit Judge Kenneth Lee, joined by Judges Randy Smith and Lawrence VanDyke: This case is not about whether children can buy firearms. (They cannot under California law.) Nor is this case about whether minors can legally use firearms. (California…

Reason

Ninth Circuit Stays Ruling Against Biden Asylum Restrictions

The 2-1 ruling (divided along surprising ideological lines) is a win for the administration. But they may well still end up losing in the end.

Reason

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Appeals court allows Biden asylum restrictions to temporarily stay in place as case plays out

An appeals court is allowing a rule restricting asylum at the southern border to temporarily stay in place in a major win for the Biden administration

The Independent UK

The First Amendment and Sexual Orientation "Conversion Therapy"—Next Stop, the Supreme Court?

From Judge Diarmuid O'Scannlain's opinion respecting rehearing en banc released today (and joined by Judges Sandra Ikuta, Ryan Nelson, and Lawrence VanDyke) in Tingley v. Ferguson: Is therapeutic speech speech? Does a tradition of licensing a given profession override all First Amendment limits on licensing requirements? The three-judge panel answered…

Reason

Ninth Circuit Rejects Claims That YouTube's Blocking of Content Was Compelled by or "Entangled with" Government

From Doe v. Google LLC, decided yesterday by the Ninth Circuit (Judges Margaet McKeown, Consuelo Callahan, and Lawrence Vandyke): Appellants are fourteen self-described "conservative" content creators who spent years growing their YouTube channels and amassing more than 771 million views. These channels discussed topics such as "Hunter Biden and the…

Reason

U.S. beauty pageant can exclude transgender contestants, court rules

Beauty pageant operator Miss United States of America LLC cannot be forced to allow transgender women to compete because doing so would interfere with its ability to express "the ideal vision of American womanhood," a U.S. appeals court ruled on Wednesday.

Reuters

Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females"

So holds the Ninth Circuit; Hamilton plays a major role.

Reason

Senate elections portend future of judiciary

WASHINGTON — Republicans are vowing to pressure President Joe Biden to nominate moderate judicial candidates if the GOP wins back control of the U.S. Senate in midterm elections.

Tribune News Service

SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'

The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.

Reason

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Tribune News Service

Supreme Court ends challenge over ‘public charge’ rule

WASHINGTON — The Supreme Court on Wednesday threw out a Republican attempt to revive and defend a Trump-era immigration rule that made it harder for low-income immigrants to qualify for green cards.

Roll Call

Supreme Court ends challenge over ‘public charge’ rule - Roll Call

States including Arizona and Texas wanted to defend a Trump-era rule making it harder for low-income immigrants to qualify for green cards.

Reason

From today's opinion in U.S. v. Allen, written by Judge Sandra Ikuta and joined by Judge Lawrence VanDyke and Tenth Circuit Judge Carlos Lucero; seems generally right to me: At the height of the coronavirus pandemic in 2020, the district court here prohibited members of the public from attending the…

Reason

Prof. Ashutosh Bhaghwat vs. Me on Whether Social Media Platforms Should Be Treated Like Common Carriers

The Catholic University of America Columbus School of Law hosted this debate last week as the inaugural event in their new Seigenthaler Debates series, cosponsored with The Free State Foundation and Catholic Law's chapters of the American Constitution Society, the Federalist Society, and the Law and Technology Student Association; Ninth…

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Chicago Sun-Times

An opinion from a California judge shows federal courts have no respect for gun rights

The Supreme Court may finally rectify that situation when it rules on the constitutionality of a New York law that gives local authorities wide discretion to decide who may carry guns in public.

Reason

A Federal Judge's Satirical Opinion Highlights Disrespect for the Second Amendment

After more than a decade of subversion, the Supreme Court has a chance to rectify this situation.

Reason

9th Circuit Panel Says Pandemic-Inspired Shutdowns of Gun Stores Were Unconstitutional

Judge Lawrence VanDyke included a satirical opinion that his colleagues can use when they decide otherwise.

Reason

Shutdown of Gun Stores During Early COVID Months Violated Second Amendment

So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth Circuit's Second Amendment precedents are too malleable. From McDougall v. County of Ventura, today's opinion by Judge Lawrence Vandyke joined by Judge Ryan Nelson: "[T]he right of the people to…

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