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Thompson v Hebdon - SCOTUS rebukes CA9 for flouting SCOTUS precedent


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#1 Euler

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Posted 27 November 2019 - 11:27 PM

It's not a 2A case, but it has broad implications that could easily include 2A cases.

Wall Street Journal (A subscription - which I don't have - is required to access the full WSJ article.)

The Supreme Court didn't issue a landmark decision Monday, but it did shoot off a couple of flares. Notably, the Court rebuked the Ninth Circuit Court of Appeals for again flouting its precedents ...


Thompson filed a petition for certiorari in a case involving limitations on political contributions in Alaska. On Monday, the Supreme Court granted the cert petition.
 

... Applying Circuit precedent, the Ninth Circuit ... declined to apply our precedent ... In light of all the foregoing, the petition for certiorari is granted, the judgment of the Court of Appeals is vacated, and the case is remanded for that court to revisit ... our ... precedents.


So SCOTUS vacated the CA9 decision for not adhering to SCOTUS precedent. But rather than hear the case themselves, they sent it back to CA9 to do over.

Also, the order appears to have been issued 8-0. Ginsburg issued a separate opinion neither in favor nor opposed to remand, noting that the Alaska law only had some of the elements to fit the precedent exactly.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 ChicagoRonin70

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Posted 28 November 2019 - 12:57 AM

Is there a way to sanction the 9th for their continual malfeasance of this sort, ignoring precedent (especially where anything related to firearms is in ilved)?


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

Who gets to keep and read books? The Media? Or is it the People?

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

 InX89li.jpg
 

 
 
 
 


#3 Euler

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Posted 28 November 2019 - 01:18 AM

Is there a way to sanction the 9th for their continual malfeasance of this sort, ignoring precedent (especially where anything related to firearms is in ilved)?


Federal judges can be impeached. That's about it.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#4 Plinkermostly

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Posted 28 November 2019 - 08:13 AM

IANAL -- seems a number of way more knowledgeable folks here have mentioned that most judges do not like having their hands slapped by upper courts for ignoring rulings.  CA 9 has been doing it a lot.  Maybe there is hope here that they will see the light on 2A cases.  Maybe.  Shall not be infringed.



#5 Lou

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Posted 28 November 2019 - 09:56 AM

Is there a way to sanction the 9th for their continual malfeasance of this sort, ignoring precedent (especially where anything related to firearms is in ilved)?


It is in the process of being corrected. Openings on the district courts for the past three years are being filled with judges that respect the Constitution and precedent.

https://news.bloombe...-than-any-other

“Daniel Bress would be Donald Trump’s seventh appointee to the California-based court
Trump gets closer to flipping the Ninth Circuit with each new appointment
The nation’s largest appeals court could as early as this week have more judges appointed by President Donald Trump than any other federal circuit.

Kirkland & Ellis partner Daniel Bress is poised to become the seventh Trump selection to join the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, which the chief executive has castigated for being liberal and for ruling against his immigration and other policies.”

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. -  George Orwell

A gun is like a parachute. If you need one, and don't have one, you'll probably never need one again. 


#6 Bitter Clinger

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Posted 29 November 2019 - 10:45 AM

Hopefully, Trump will get another 4 years so he can continue to appoint judges to the CA9.

Wouldn't that be something if he flipped the majority?






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