Roger Benitez

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Roger Benitez
Roger T. Benitez.jpg
Senior Judge of the United States District Court for the Southern District of California
Assumed office
December 31, 2017
Judge of the United States District Court for the Southern District of California
In office
June 21, 2004 – December 31, 2017
Appointed byGeorge W. Bush
Preceded bySeat established by 116 Stat. 1758
Succeeded byLinda Lopez
Magistrate Judge of the United States District Court for the Southern District of California
In office
2001–2004
Judge of the California Superior Court
In office
1997–2001
Personal details
Born
Roger Thomas Benitez[1][2]

(1950-12-30) December 30, 1950 (age 71)[2]
Havana, Cuba[2]
Spouse(s)Cathryn C. Carr[2]
EducationImperial Valley College (AA)
San Diego State University (BA)
Thomas Jefferson School of Law (JD)

Roger Thomas Benitez (born December 30, 1950) is a senior United States District Judge of the United States District Court for the Southern District of California. He is known for his opinions striking down several California gun control laws.[3]

Early life and education[]

Born in Havana, Cuba, Benitez received an Associate of Arts degree from Imperial Valley College in 1971, a Bachelor of Arts degree from San Diego State University in 1974, and a Juris Doctor from the Western State University College of Law's San Diego campus (now the Thomas Jefferson School of Law) in 1978.[4][5]

Career[]

Benitez worked in private practice in Imperial County, California, from 1978 to 1997. He was a judge on the California Superior Court from 1997 to 2001, and an instructor for Imperial Valley College from 1998 to 1999.

Federal judicial service[]

In 2001, Benitez was appointed by the United States District Court for the Southern District of California to serve as a United States Magistrate Judge. Then, on May 1, 2003, he was nominated by President George W. Bush to a new seat on the Southern District of California created by 116 Stat. 1758. Benitez was confirmed by the United States Senate on June 17, 2004 with 98 votes in support and one against.[6] and received his commission on June 21. He was confirmed despite overwhelming opposition by a committee of the American Bar Association that found he was described as arrogant, short-tempered and "altogether lacking in people skills."[7] He assumed senior status on December 31, 2017.

Judicial opinions[]

Benitez is known for his opinions striking down several California gun control laws.[3]

In 2019, Benitez granted summary judgment in a lawsuit against California's ban on large capacity magazines.[8] The opinion addressed the lengthy history of firearms and self-defense rights in America, and the roots in English history. California Attorney General Xavier Becerra appealed the ruling to the Ninth Circuit. In 2020, a three-judge panel affirmed Benitez's grant of summary judgment in a 2–1 decision authored by Judge Kenneth Lee.[9] The attorney general requested an en banc rehearing of the case,[10] and on February 25, 2021, the court stated that it would rehear the case[11] and scheduled a hearing for June 22, 2021.[12] The Ninth Circuit subsequently upheld the large capacity magazine ban on November 30, 2021.[13]

In 2021, Benitez presided in the lawsuit Miller v. Bonta, against California's assault weapons ban.[14] The trial began on February 3. In June 2021, Benitez overturned the three-decade old ban. He ruled that "the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states".[15] He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.[16] Benitez opens his opinion by stating, "Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939)."[17] In Heller, the Supreme Court decision that struck down a District of Columbia handgun ban, associate justice Antonin Scalia held that the Second Amendment gives citizens a right to own weapons "in common use", but explained its limitations by citing "the historical tradition of prohibiting the carrying of 'dangerous and unusual weapons'," such as "weapons that are most useful in military service – M-16 rifles and the like."[18][19] Benitez held that the AR-15 passed the Heller test, stating that "The overwhelming majority of citizens who own and keep the popular AR-15 rifle and its many variants do so for lawful purposes, including self-defense at home."[20] Benitez's ruling incorrectly asserted that "More people have died from the Covid-19 vaccine than mass shootings in California."[21] A three-judge panel of the Ninth Circuit Court of Appeals issued a stay of Benitez's ruling on June 21, 2021, leaving the ban in place as appeals were litigated.[22]

See also[]

References[]

  1. ^ "Roger Thomas Benitez Judge Profile on Martindale.com". www.martindale.com.
  2. ^ a b c d "Confirmation hearing on federal appointments : hearing before the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, first ... pt. 6". HathiTrust. hdl:2027/uc1.c087004948.
  3. ^ a b Elinson, Zusha; Gershman, Jacob (June 21, 2021). "California Gun-Control Battles Sparked by One Judge's Decisions". The Wall Street Journal. Retrieved June 21, 2021.
  4. ^ "Judge Roger Benitez, Southern California U.S. District Court | The Presidential Prayer Team". www.presidentialprayerteam.org. April 30, 2020. Retrieved August 15, 2020.
  5. ^ "Congressional Record, Volume 150 Issue 84 (Thursday, June 17, 2004)". www.govinfo.gov. Retrieved August 15, 2020.
  6. ^ Joe Cantlupe, El Centro magistrate joins U.S. bench, The San Diego Union-Tribune (June 18, 2004).
  7. ^ Ortiz, Erik. "Judge who reversed California assault weapons ban faces barrage of criticism". www.nbcnews.com.
  8. ^ "Federal court strikes down California gun magazine ban". Washington Examiner. March 30, 2019. Retrieved October 12, 2020.
  9. ^ "Federal appeals court strikes down California's ban on high-capacity magazines, says restrictions violate 2nd Amendment". FoxNews.com. Associated Press. August 14, 2020. Retrieved October 12, 2020.
  10. ^ "Duncan Case Update – State Takes Action Against Gun Owners!". CRPA. August 28, 2020. Retrieved October 12, 2020.
  11. ^ "9th Circuit eyes California ban on high-capacity magazines". APNews.com. Associated Press. February 26, 2021. Retrieved June 5, 2021.
  12. ^ "Status of Pending En Banc Cases". USCourts.gov. Retrieved June 6, 2021.
  13. ^ "California's ban on high-capacity magazines upheld by appeals court". NBC News. The Associated Press. November 30, 2021.
  14. ^ "Miller v. Becerra – California AW Challenge". Firearms Policy Coalition. Retrieved February 2, 2021.{{cite web}}: CS1 maint: url-status (link)
  15. ^ "California's ban on assault weapons overturned by federal judge". ABC7.com. Associated Press. June 5, 2021. Retrieved June 5, 2021.
  16. ^ "U.S. judge overturns California's ban on assault weapons". APNews.com. Associated Press. June 5, 2021. Retrieved June 5, 2021.
  17. ^ "Decision Miller v. Bonta" (PDF). Cloudfront.net. Retrieved June 5, 2021.{{cite web}}: CS1 maint: url-status (link)
  18. ^ District of Columbia v. Heller, 554 U.S. 570 (2008).
  19. ^ Frankel, Alison (February 22, 2017). "Second Amendment does not apply to assault weapons: en banc 4th Circuit". Reuters – via www.reuters.com.
  20. ^ "Decision Miller v. Bonta" (PDF). Cloudfront.net. Retrieved June 5, 2021.{{cite web}}: CS1 maint: url-status (link)
  21. ^ Blake, Aaron (June 7, 2021). "A judge's momentous gun-rights ruling comes with a side of coronavirus vaccine misinformation". The Washington Post. Retrieved June 21, 2021.
  22. ^ "9th Circuit court blocks federal judge's decision to overturn California's assault weapons ban". Los Angeles Times. June 21, 2021.

External links[]

Legal offices
Preceded by
Seat established by 116 Stat. 1758
Judge of the United States District Court for the Southern District of California
2004–2017
Succeeded by
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