10/23/2023


In the introduction of his order in the case of Miller v. Bonta, Judge Benitez had some words for the judges that would read the opinion after him. Namely the 9th Circuit Court of Appeals judges that will most certainly take the case on appeal.


Hey everybody, how's it going? Welcome back to Copper Jacket TV. So in response to Miller v. Bonta, it looks like Judge Benitez finally told the judges of the Ninth Circuit Court of Appeals what's what. I mean, he almost went as far as to simply call them cowards. Let's talk about what he wrote.

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Okay, so let's go and talk about what's going on here. So when Judge Benitez issued his order in Miller v. Bon, which again is a case that challenges California's ban on so-called assault weapons, it would be appealed up to the Ninth Circuit. Now, it was appealed pretty much immediately. California was ready for that order. Not only did California appeal it just moments after the order came down, they also updated their website to say that the ban was still in place just moments after the order came out. So they were ready, and they knew what was coming because I think California knows that what they're doing is totally unconstitutional, but they just simply don't care, and they're going to drag this out as long as possible.

But again, it was appealed on the same day, knowing that it was going to go before the judges of the Ninth Circuit Court of Appeals. Judge Bonta wrote some pretty interesting stuff at the very beginning of his order. So let's read that real quick.

Now, the first part of his order, which is the introduction, really kind of lends credence to why people call him St. Bonita. It says, "Introduction: Like the Bowie knife, which was commonly carried by citizens and soldiers in the 1800s, so-called assault weapons are dangerous but useful. But unlike the Bowie knife, the United States Supreme Court has said there is a long tradition of widespread lawful gun ownership by private individuals in this country. Americans have an individual right to keep and bear arms. The Second Amendment to the United States Constitution guarantees the individual right to possess and carry weapons in case of confrontation. Whether citizens ever fire or need to fire their weapons is not important. This guarantee is fully binding on the states and limits their ability to devise solutions to social problems. And the guarantee protects the possession of weapons that are in common use or arms that are typically possessed by law-abiding citizens for lawful purposes. These are the decisions this court is bound to apply."

Now here's where I feel like he is directly addressing the judges of the Ninth Circuit. It says, "It is our duty as judges to interpret the constitution based on the text and original understanding of the relevant provisions, not on public policy considerations or worse, for fear of approbium or criticism from the political branches. This case is about California laws that, in contrast to these constitutional principles, make it a crime to acquire and possess many common semi-automatic firearms."

Now, I know that seemed kind of low-key and not so in-your-face, but I guarantee you the judges that are reading this totally get what he's trying to say here. If we take a look at the word "approbium," it means harsh criticism or censure. So he's telling them to stop being so afraid of being criticized or censured by speaking out. Don't be afraid to do your job. Just do your damn job. Take a look, we have a duty, he says. We have a duty as judges to look at the Constitution in terms of its text and its original understanding. That's the way that we're supposed to do things. But if you're afraid of policy or you're afraid of criticism from political parties, which is another thing that definitely affects the Ninth Circuit being that California is controlled almost solely by the left, they are afraid that they're going to be criticized by them. They're going to be called everything that they recently called Judge Benitez, and some of them don't want that. So they might be afraid to speak out or at least follow the Constitution as the rule of law versus the state's own policy and what the state wants.

He's kind of scolding the Ninth Circuit here, saying, "Hey, this is the way we're supposed to do it. This is the way that you've been doing it. Stop being so afraid to do your job and just do it based on the Constitution, not your own personal fears or what somebody might say about you."

I wish all judges were like Judge Benitez. I mean, there's a reason that people in California call him St. Benitez. He takes his own personal thoughts and feelings and beliefs out of it and just simply looks at the Constitution the way that it was written, the understanding of it at the time, and he also looks at Supreme Court precedent. He applies it correctly, knowing that it's going to be overturned by the Ninth Circuit, but he does it anyway.

But at least this time, even though it would be very easy to miss, he kind of told the Ninth Circuit, "You're doing it wrong," and he gave them that little message right there in the introduction. I wanted to share that with you because, again, he's one of the best. I mean, this guy right here, if I could just meet him and shake his hand, it would probably be one of the best days of my life because he's always stood up for the rights of people in that state. So again, I thought that was pretty big, even though it was easy to miss. It was his little way of kind of taking a jab at the Ninth Circuit, and I wanted to share with you.

So I want to thank you all very much for watching. I really do appreciate it. Please like, subscribe. You guys have a great day.