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Constitutional Law,
9th U.S. Circuit Court of Appeals

May 14, 2024

The 9th Circuit ignored the law and common sense

The court’s decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment applies only to law-abiding citizens.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).


The Ninth Circuit’s decision on Thurs., May 9, in United States v. Duarte, striking down a federal law keeping convicted felons from having guns, ignored both the law and common sense. In a 2-1 decision, with two very conservative judges in the majority, the Ninth Circuit struck down a law which dozens and dozens of lower courts have upheld.

From 1791 until 2008, the Supreme Court did not once strike down a fede...

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