Judge VanDyke recently criticized the 9th Circuit’s practice of granting en banc review in every recent pro-2nd Amendment decision—and denying review of every pro-gun control decision. And he’s right, says 2nd Amendment litigator Sean Brady. Sean talks with Jeff Lewis and me about his recent amicus brief on that very phenomenon, cataloguing 9th Cir. cases that:
Rely on the Heller dissent rather than the SCOTUS majority’s holding. Hold there is no right to concealed carry even when there is no right to open carry, either.
Effectively hold there is no right to bear arms, only to keep them.
Watch the clip here.
This is a clip from episode 26 of the California Appellate Law Podcast. Listen to the full episode here.