While we wait to see how California Attorney General Xavier Becerra will respond to today’s decision by the Ninth Circuit Court of Appeals that struck down the state’s ban on magazines with a capacity of more than ten rounds, it’s worth taking a closer look at the decision itself, as well as the judges on the panel that heard the case.
The opinion was authored by Judge Kenneth Lee, who was appointed to the bench in 2018 by President Donald Trump. Joining him in the majority opinion was Judge Consuelo Callahan, appointed to the Ninth Circuit in 2003 by President George W. Bush. The one dissenting judge in the case, Barbara M. Lynn, received her appointment to the bench back in 1999 thanks to President Bill Clinton.
Let’s dive in to Judge Lee’s decision, which begins by noting that lawmakers may have approved the state’s ban on so-called Large Capacity Magazines with the best of intentions.