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Reason
Reason
Politics
Eugene Volokh

Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,

That's today's order from Judges Andrew Hurwitz, Daniel Bress, and Patrick Bumatay:

The district court's judgment is vacated, and this case is remanded to the district court for further proceedings consistent with the United States Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. ____ (2022).

The parties shall bear their own attorney's fees, costs, and expenses. This order constitutes the mandate of this court.

VACATED AND REMANDED.

Pretty standard procedure, when a new court decision clearly changes the legal landscape—and the landscape has sharply changed, given that the lower court decision upheld the ban under so-called "intermediate scrutiny," and the Court in Bruen rejected that sort of approach (for all gun regulations, not just gun carry regulations). The Ninth Circuit panel could have just applied Bruen instead, but it didn't have to, and often panels do leave the matter for the court to reconsider in the first instance.

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