The Firing Line Forums - View Single Post - Holder and the Feds Sued Over Lifetime MCDV Prohibition: Lautenberg

Al Norris · November 20, 2013, 10:55 AM

The process in this appeals case has just been made harder.

A panel on the 9th Circuit handed down an appeals case this past Monday: USA V. DANIEL CHOVAN

Judge Pregerson wrote the opinion for the Majority with Judge Bea writing a concurring opinion that disagreed with the majority in several respects.

Essentially, it boils down to the fact that Mr. Chovan did not lose his "core" civil rights (Voting, Jury Duty and Ability to Hold Elected Office). The CA statute at issue does not restore these civil rights (as they were never "lost"). Therefore his only avenues of relief was to have the conviction (1) expunged, (2) set aside or to have been (3) pardoned. The Plaintiff/Appellant did not attempt these alternate routes of relief. The majority used Intermediate Scrutiny in upholding the law.

Judge Bea's concurrence would have set the bar at Strict Scrutiny, but would have ruled that the Federal Statutes pass that test.

November 20, 2013, 10:55 AM	#109
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	The process in this appeals case has just been made harder. A panel on the 9th Circuit handed down an appeals case this past Monday: USA V. DANIEL CHOVAN Judge Pregerson wrote the opinion for the Majority with Judge Bea writing a concurring opinion that disagreed with the majority in several respects. Essentially, it boils down to the fact that Mr. Chovan did not lose his "core" civil rights (Voting, Jury Duty and Ability to Hold Elected Office). The CA statute at issue does not restore these civil rights (as they were never "lost"). Therefore his only avenues of relief was to have the conviction (1) expunged, (2) set aside or to have been (3) pardoned. The Plaintiff/Appellant did not attempt these alternate routes of relief. The majority used Intermediate Scrutiny in upholding the law. Judge Bea's concurrence would have set the bar at Strict Scrutiny, but would have ruled that the Federal Statutes pass that test.