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Thompson v Hebdon - SCOTUS rebukes CA9 for flouting SCOTUS precedent


Euler

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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.

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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.bloomberglaw.com/us-law-week/ninth-circuit-close-to-having-more-trump-judges-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.”

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