McMINNVILLE, Ore. (BP)–“If you’re not outraged, you’re not paying attention,” a bumper sticker I once saw read. If the response to a recent ruling by the United States Court of Appeals for the Ninth Circuit is any indication, much of America’s media is lacking in the attention department. As a result, many Americans are being deprived of an opportunity to be outraged.
On May 6, the justices of the Ninth Circuit, whose jurisdiction covers the western portion of the United States, let stand a ruling that declared the Second Amendment does not give individuals the right to bear arms. The court decided “the right of the people to keep and bear Arms, shall not be infringed” does not extend to an individual, only to a collection of individuals and then only when armed by, and acting in behalf of, the government.
The possible implications of the Ninth Circuit’s recent ruling would seem to warrant significant press coverage. Thus far it has not. At the time of the writing of this column, a search on LexisNexis — one of the most comprehensive news databases available — revealed only five articles have been published.
In June 2002, when the Ninth Circuit court ruled that the phrase “under God” in the Pledge of Allegiance to the flag violated the Constitution, a media firestorm ensued. The attack on America’s religious heritage angered many, and rightfully so. However, the ruling concerning the pledge, which by the way has yet to be reversed, was a decision on an action. It was not an interpretation of the heart and soul of all our freedoms, the Bill of Rights.
Those who know the Ninth Circuit well understand that it is famous for its dubious decisions. It also has the distinction of being overruled by the U.S. Supreme Court more than any other appellate court in America. The Ninth Circuit’s reputation is such that many in the West refer to the court as the “Ninth Circus of Appeals.” While that might be cause to breathe a little easier concerning this most recent ridiculous ruling, it is still a decision that should attract the media’s attention.
If nothing else, the stern dissent offered by Justice Alex Kozinski is newsworthy in and of itself. He makes it clear that the ruling offered by his fellow jurists is as alarming as it is wrong.
“About twenty percent of the American population, those who live in the Ninth Circuit, have lost one of the ten amendments in the Bill of Rights,” Kozinski writes. “And the methodology used to take away the right threatens the rest of the Constitution. The most extraordinary step taken by the panel opinion is to read the frequently used Constitutional phrase, ‘the people,’ as conferring rights only upon collectives, not individuals. There is no logic to this misreading, so it threatens all the rights the Constitution guarantees to ‘the people,’ including those having nothing to do with guns.”
While it is difficult to extract emotion from a legal brief, I can’t help but believe Kozinski was feeling outraged when he wrote, “It is wrong to use some constitutional provisions for social change while treating others like senile relatives to be cooped up in a nursing home…. Expanding some [rights] to gargantuan proportions while discarding others like a crumbled gum wrapper is not faithfully applying the Constitution; it’s using our power as federal judges to constitutionalize our personal preferences.”
Kozinski chastises his fellow justices when he writes, “The majority falls prey to the delusion — popular in some circles — that ordinary people are too careless and stupid to own guns….” He goes on to comment, “The one thing that is absolute is that the Second Amendment guarantees a personal and individual right to keep and bear arms, and prohibits government from disarming people.”
I am quite certain that the Supreme Court will reverse the “Ninth Circus” on its most recent ruling. However, I find it outrageous that a federal court could be so cavalier concerning a right the founding fathers believed to be fundamental.
At the very least, I find it newsworthy — which is something most media outlets have yet to conclude. If and when they do, perhaps many more Americans will be allowed to pay attention — and be outraged.
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Boggs is pastor of Valley Baptist Church, McMinnville, Ore.
