9th Circuit Judge Demands SCOTUS Reverse His Own Court's Gun Rulings
Judge Lawrence VanDyke of the Ninth Circuit Court of Appeals is asking the Supreme Court to publicly rebuke his own court's gun rulings, using the term "benchslaps" to describe the corrections he believes SCOTUS should issue. This move reflects escalating conflict within the Ninth Circuit—one of the nation's most restrictive appellate courts on Second Amendment cases—over how lower courts should interpret post-Bruen precedent on firearms rights.
Key Details
- Judge VanDyke, appointed by President Trump and confirmed in 2020, has become an outspoken critic of his circuit's gun jurisprudence.
- The Ninth Circuit has issued multiple rulings restricting gun rights that VanDyke views as incompatible with the Supreme Court's 2022 Bruen decision, which established a historical test for evaluating gun regulations.
- VanDyke's request for "benchslaps" suggests he expects the Supreme Court will eventually reverse several Ninth Circuit decisions, making public criticism of those rulings inevitable.
Why It Matters for Gun Owners
The Ninth Circuit covers nine western states: California, Oregon, Washington, Nevada, Arizona, Montana, Idaho, Alaska, and Hawaii. For gun owners in these jurisdictions, VanDyke's pressure on SCOTUS signals potential relief from some of the nation's harshest firearms restrictions. However, the fact that a sitting appellate judge must publicly call out his own court suggests the Ninth Circuit remains structurally hostile to Second Amendment claims. Expect continued litigation as gun rights groups challenge recent Ninth Circuit decisions in cases likely headed to SCOTUS. This internal conflict also indicates that lower courts nationwide are still resisting Bruen's framework, making Supreme Court clarification and enforcement essential.
DownRange Analysis
VanDyke's move is both a victory signal and a warning. The victory: a federal appellate judge with Trump administration backing is willing to name his circuit's resistance to gun rights explicitly. The warning: the Ninth Circuit's majority is still writing opinions it knows contradict SCOTUS precedent, betting on slow appellate review. Gun owners in Western states should view this as confirmation that their local courts remain unreliable and that Supreme Court intervention remains the only viable path to enforce Bruen in that circuit. Until SCOTUS follows through with reversals, expect the Ninth Circuit to keep issuing anti-gun rulings that require expensive appeals to fix.
