The 9th Circuit Court ruled COVID shutdowns of gun stores violated the Second Amendment by discriminating against them.
Federal laws like the Indian Child Welfare Act raise concerns about unequal treatment of at-risk Indian children.
Deep dives
Significant Second Amendment Decision
The podcast discusses a significant Second Amendment decision made by the Ninth Circuit Court of Appeals in California regarding the COVID shutdowns of gun stores. The court ruled that the shutdowns violated the Second Amendment by discriminating against gun stores while allowing other businesses to remain open. Judge Vandyke's opinion highlighted the court's vague interpretation of the Second Amendment, leading to potential overruling by fellow judges and showcasing the challenges faced by individuals exercising their constitutional right to defend themselves.
Challenges to Indian Child Welfare Act
Another topic covered is the ongoing challenge to the Indian Child Welfare Act, a federal law criticized for restricting states from protecting abused children who are eligible for membership in an Indian tribe. The law prevents children from being adopted by individuals of other races, leading to separate but unequal treatment. The Supreme Court's delay in addressing the constitutionality of this law raises concerns about its impact on at-risk Indian children.
Regulation of Wetlands and Federal Power
The podcast delves into cases involving federal regulation of wetlands, showcasing the broad authority of federal agencies to define and control land use. The discussion highlights the challenges faced by property owners dealing with federal zoning regulations under environmental laws like the Clean Water Act. The vague definitions of wetlands and endangered species grant federal bureaucrats significant control over private property, raising constitutional concerns about government overreach in land-use decisions.
In March of 2020, authorities in Los Angeles and Ventura counties shut-down gun stores, lumping those establishments into a broad category of businesses which were considered at the time to be "non-essential". Gun store owners were quick to bring the matter to court, raising the question as to whether the Covid shutdown of guns stores violated the 2nd Amendment.
A three-judge panel of the 9th U.S. Circuit Court of Appeals recently ruled on the case, and our long-time legal expert, "Tim the Lawyer" Sandefur, joined us to talk about the decision--as well as the surprising opinion submitted by one of judges.