Thursday, July 2, 2009

Judge Kozinski Cleared

I blogged about this over a year ago here.
The Volokh Conspiracy covers it here, pointing out:
The LA Times, which helped fan the flames of this story in the first place, reports on the decision, but curiously omits the fact that the judicial council cleared Judge Kozinski of judicial misconduct. Nor, I would note, does the LA Times item mention the opinion explicitly criticized media reports for misrepresenting Kozinski's conduct.

Ah! The media. Kozinski is one of the most committed and articulate advocates of the Second Amendment on the federal bench. He makes Scalia look like Chuck Schumer.

Here is an excerpt from Kozinski's very moving dissent in Silveira v. Lockyer (2003):
The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed -- where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

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