The ongoing legacy of decades of reagan and bush presidencies has been the flooding of the nations’ federal court system with hundreds of judges who have no more business being judges with lifetime tenure deciding the fate of hundreds of millions of Americans than of being appointed to head the Federal Emergency Management Agency after having run a horse jumping competition. The result has been thousands of judicial opinions deciding life or death and other monumental personal life changing matters based not on a knowledge of the Constitution and of other applicable laws, and the thoughtful interpretation thereof, but rather on partisan political and religious beliefs and outright bigotry.
We have seen this in the recent past as the federal courts have given license to obscene laws requiring previously unimaginable hoops that must be jumped through for women to
sacrosanct, to be the deciding factor in disputes, rather than political party, religious training, racism, sexism, or other irrelevant and extraneous influence.
Among the Court’s stalwart members have been the likes of Justices Harry Pregerson, Stephen Reinhadt, and Arthur Alarcon (from whom I was once privileged to take a post graduate legal procedure course) each appointed by President Jimmy Carter, and Justice Kim McLane Wardlaw, appointed by President Bill Clinton. However, long years of reagan and bush presidencies gave them opportunities to make numerous appointments to the Ninth Circuit, and thus we see Opinions from that Court such as today’s decision in the case of Peruta (among others including the National Rifle and Pistol Foundation) v the County of San Diego.
written by Diarmuid O’Scannlain and joined in by Connie Callahan. O’Scannlain was a reagan appointee and Callahan was appointed by g w bush. The essence of the opinion is that the government cannot make “good cause” a requirement for issuing a permit; all that is needed is to want to have on one’s person a handgun for “personal safety”. Disagreeing with other federal courts that have upheld similar laws around the country, O’Scannlain wrote that “The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense.”
those who show a special need for self-protection, San Diego and other counties strike “a reasonable balance between individuals interest in self-defense and the public’s interest in limiting the proliferation of handguns in public spaces.”
There will likely be an appeal of this ruling where the Ninth Circuit en banc will have the opportunity to review and discard this affront to public safety and common sense. Until then, no one will now be safe walking the streets of California. The law of the frontier has returned. The legacies of reagan and king w continue to inflict irreparable harm.