Wednesday, March 09, 2022

McDougall v. County of Ventura (9th Cir. - March 8, 2022)

Imagine that a panel with three very conservative, extremely pro-Second Amendment judges writes an opinion in a gun rights case that holds that it's unconstitutional to shut down gun stores for 48 days in the midst of a global pandemic. Imagine further that the author of that selfsame opinion pens a separate concurrence to his own opinion that snarkily tells everyone that his left-leaning colleagues will try to take the case en banc and then mockingly drafts an opinion for them to purportedly make their jobs easier.

What's the chance that opinion gets taken en banc?

Correct. 100%.