Our out-of-control federal judiciary has done vast harm to America’s liberty, safety, prosperity, and rule of law. And now it’s going to get some of America’s finest killed.
The Daily Caller reports that the notorious Ninth Circuit Court of Appeals has issued a ruling that upholds federal Obama-era mandates that limit police officers to using “objectively reasonable force, proportional to the threat or urgency of the situation” — in essence forbidding them from using the most effective tool they have to save their own lives, the lives of their fellow officers, and the lives of civilians under their protection.
Over 140 Seattle police officers filed a 2014 lawsuit against this mandate, arguing it was an unconstitutional encroachment on their right to self-defense…but the Ninth Circuit unanimously rejected their case:
“The City of Seattle has a significant interest in regulating the use of department-issued firearms by its police officers,” Judge William Hayes wrote, adding that the policy “did not impose a substantial burden on plaintiffs’ right to use a firearm.”
Seattle police argued the new policies would cause officers to second guess themselves before using firearms in life-threatening situations, The Seattle Times reported. This “hesitation and paralysis” prevented police from exercising their right to self defense, they claimed.
Police further said that this hesitance or fear of using their firearms would result in a “dramatic decrease in proactive police work to investigate and stop crime.”
The lawsuit named former Attorney General Eric Holder, who led the Department of Justice when it mandated Seattle’s reforms, as a defendant.
City Attorney Pete Holmes thought the Ninth Circuit’s decision was just wonderful, claiming the rule deserves credit for reducing the Seattle PD’s uses of force by 60 percent. That sounds wonderful…until the first Seattle cop dies from an attack that could have been avoided had he not stopped to wonder whether firing his gun would bury him and his family in career-ending charges.
The good news is, this wouldn’t be the first Ninth Circuit ruling later corrected by the Supreme Court. The bad news is that we still live under a system where in many parts of the country the people can’t count on their judiciary to safeguard their rights even in the most clear-cut cases. Americans shouldn’t have to rely on the Supreme Court stepping in every time a lower court does something heinous.
Only when Congress reasserts its own coequal right and responsibility to protect the Constitution by reining in the judicial branch will Americans truly be able to say their lives and liberty are secure in the United States.
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