Ninth Circuit Court of Appeals

Ninth Circuit affirms the right to carry for self-defense

The Ninth Circuit Court of Appeals struck down a California law yesterday that allowed local governments to effectively ban citizens from exercising carrying a gun outside the home for the purpose of self-defense:

The Ninth Circuit’s decision in Peruta v. San Diego…affirms the right of law-abiding citizens to carry handguns for lawful protection in public.

California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.

The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.

Opinion: SCOTUS Leads Assault on Religious Liberties

Leftists in this country like to say that they are “pro-choice”. To that I say…”bull***”! They are only pro-choice when it comes to killing the unborn, but not on education, or how much of your money you keep, or whether you get to manage your own retirement, or what kind of light bulbs you use, or how much water comes out of your shower head.

Leftists proclaim to be the embodiment of tolerance. To that I say…well, I think you know.

Leftists in this country are celebrating this week’s release of a Supreme Court decision, and a non-decision, both of which portend dark times ahead for religious liberty, the sanctity of life, and protection of conscience.

In Whole Women’s Health v. Cole, the Supreme Court overturned a Texas law requiring abortion facilities in the state to 1) employ abortionists who have admitting privileges at a local hospital, and 2) meet the same surgical standards as other outpatient surgical centers. The need for both of these common-sense regulations should be obvious.

The trial of abortionist Kermit Gosnell a few years ago revealed just what houses of horror many of the nation’s abortion clinics are. Gosnell was convicted of murdering three newborn babies in the minutes after they survived his botched abortions. He took the helpless, crying, wiggling babies and cut their spinal cords with scissors. He also killed another woman, a 41-year old refugee, who bled out after he punctured her insides during an abortion. Prosecutors say there was ample evidence that he’d killed hundreds of other surviving babies, and at least several more women.

Federal court upholds school’s ban on American flag t-shirts

Live Oak High School

Way back in May 2010, a California high school sent five students home because they wore American flag t-shirts on Cinco de Mayo, an important Mexican holiday, and refused to turn them inside-out. The students went on to sue the school because the prohibition of the shirt, which, they said is a violation of their First Amendment rights.

Unfortunately, the Ninth Circuit Court of Appeals ruled last week that security at the school was more important than the students’ right to free speech:

The 9th U.S. Circuit Court of Appeals said the officials’ concerns of racial violence outweighed students’ freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.

The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.

“Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence,” Judge M. Margaret McKeown wrote for the panel. The past events “made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real,” she wrote.

So…yeah, you can burn an American flag as a demonstration of protest, but you can’t wear a t-shirt with depicting the American flag in a school. Makes complete sense!


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