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Judges and Judiciary,
Criminal,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Sep. 6, 2024

9th Circuit judges answer lone colleague's Second Amendment criticism

The decision regarding criminal defendants being temporarily barred from having guns may be the first time in which more circuit judges joined a concurrence denying en banc review than the one judge who dissented, said Arthur D. Hellman, professor emeritus at the University of Pittsburgh School of Law.

The 9th U.S. Circuit Court of Appeals is squabbling again over its handling of Second Amendment cases, with Judge Lawrence Van Dyke criticizing his colleagues for engaging in "shenanigans" by "announcing as much new law as possible in a moot case where it was wholly unnecessary to do so."

VanDyke, an appointee of President Donald Trump, was the only 9th Circuit judge to vote to vacate a three-judge panel decision holding that the Bail Reform Act of 1984 allowed...

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