Kenneth Lee is a South Korean immigrant and Judge on the United States Court of Appeals for the Ninth Circuit. Referred to derisively as the “Ninth Circus,” the Circuit is known for demonstrating the very left wing of legal thought. Judge Lee was a recent addition to the court; however, he was a Trump appointee. His majority opinion striking down California’s ban on any magazine with a higher capacity than ten rounds is worth a second look as we wait for another gun case at the Supreme Court.
Judge Lee wrote, “Our country’s history has shown that communities of color have a particularly compelling interest in exercising their Second Amendment rights. The Second Amendment provides one last line of defense for people of color when the state cannot — or will not — step in to protect them. This remains true today across all communities of color.”
His writing in the case shows what kind of ruling the Supreme Court would make if the Second Amendment were treated as a fundamental right and not a “disfavored right” and a “constitutional orphan,” as Justice Thomas has said. Here is Judge Lee’s full opinion in Duncan v. Becerra:
CA Ninth Circuit by Liberty Nation on Scribd