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Prairie State Wire

Wednesday, March 26, 2025

Ninth Circuit judge creates dissent video opposing magazine ban

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Richard A. Pearson, Executive Director | ISRA website

Richard A. Pearson, Executive Director | ISRA website

Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit has taken an unconventional approach in expressing his dissenting opinion on a recent court decision. The case, Duncan v. Bonta, revolves around the constitutionality of California's ban on magazines that hold more than 10 rounds of ammunition, enacted as SB1446 in 2016.

In a departure from traditional written opinions, Judge VanDyke created an 18-minute video to voice his disagreement with his colleagues' decision to uphold the ban. This move has attracted significant attention and sparked debate over its appropriateness.

Judge Marsha Berzon, who authored the majority opinion, criticized VanDyke's method. She stated that his video was "wildly improper" and suggested that he "in essence appointed himself as an expert witness in this case."

The video's viral spread highlights ongoing discussions about judicial conduct and the role of personal expression within legal proceedings.

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