It is no secret that there are number of blue states that do not support the Second Amendment to the U.S. Constitution. Many of those states have at various times passed laws to try to limit the Second Amendment rights of Americans or to find a way to take guns away from law-abiding Americans. In March 2021, I posted an article about one such incident. An article posted in May 2021 was about the Supreme Court decision regarding the incident.
On Thursday, Breitbart reported the following:
The Ninth Circuit federal appeals court ruled Thursday that the coronavirus lockdowns of gun stores in Ventura County, California, violated constitutional rights.
The case, McDougall v. County of Ventura, was appealed to the Ninth Circuit after the U.S. District Court for the Central District of California rejected a claim that Ventura County’s coronavirus orders closing gun stores, ammo shops, and gun ranges violated Second Amendment rights.
The article concludes:
Vandyke and Kleinfeld also noted, “Not only did Appellees fail to provide any evidence or explanation suggesting that gun shops, ammunition shops, and firing ranges posed a greater risk of spreading COVID19 than other businesses and activities deemed ‘essential,’ but they also failed to provide any evidence that they considered less restrictive alternatives for the general public.”
Judge Ryan Nelson was the panel’s dissenting voice.
The case is McDougall v. County of Ventura, No. 20-56220 in the U.S. Court of Appeals for the Ninth Circuit.
It should be noted that The Los Angeles Times reported the following in February 2020:
Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.
“Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.
…Trump’s rapid transformation of the circuit courts — three others went from a majority of active judges appointed by Democrats to Republican majorities — was accomplished with the support of Senate Republicans.
Nominations of appellate judges may no longer be blocked by filibuster, and Republican Senate leaders have declined under Trump to follow the practice of allowing an appointee’s home-state senators to veto the president’s choice.
“Trump has set all records for the number of appellate appointees,” said University of Richmond law professor Carl Tobias.
The most important legacy of President Trump may be judges in the circuit courts who will protect the rights of Americans that are enshrined in our Constitution.