California Patriot Profile: Judge Roger Benitez Defends Individual Liberty

U.S. District Judge Roger Benitez has earned a reputation as a steadfast defender of individual rights.

⏱️ 4 min read

Each week we publish a profile of a California conservative making a difference. These are always free to all subscribers, and usually run Thursday mornings. As is often the case, there is a little some “extra” for paid subscribers at the bottom. In this case, on the theme of things judicial, I provide a peek at some of the controversial cases rearing their heads in the upcoming SCOTUS term…

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Upholding the Right to Self-Defense

Few judges in California have left as strong a mark on defending the federal constitutional rights of as Federal Judge Roger Benitez. From his courtroom in the Southern District, he has consistently reminded lawmakers that the Second Amendment is not optional, but fundamental. Here’s a run down of some prominent Second Amendment decisions:

• Miller v. Bonta (2021 & 2023): Benitez struck down California’s decades-old assault weapons ban, comparing AR-15s to the “Swiss Army knife” of rifles — versatile tools for defense. He ruled that bans must align with the nation’s historical firearm traditions, issuing a permanent injunction against enforcement. His reasoning continues to shape the broader legal debate over gun laws in California and beyond.

• Rhode v. Bonta (2020 & 2024): He overturned California’s ammunition background-check system, calling it overly burdensome and unconstitutional. He also invalidated California’s ban on out-of-state ammo purchases, citing conflicts with federal law and the Commerce Clause. In 2025, the Ninth Circuit affirmed that the regime violates the Second Amendment, echoing arguments Benitez had already outlined.

• Duncan v. Bonta (2019 & 2023): He dismantled California’s ban on standard-capacity magazines, stressing that millions of Americans use them for lawful purposes, including home defense. (The Ninth Circuit later upheld the state law in 2025, but not before Benitez’s rulings provided a roadmap for future challenges.)

• Fouts v. Bonta (2024): Benitez ruled that California’s prohibition on billy clubs was unconstitutional, again applying a historical test to uphold the right to bear arms.

In each case, Benitez turned a legal principle into something tangible — protecting ordinary citizens' ability to defend themselves and their families. There are more rulings, of course, but only so much space here to highlight them!

I reached out to Chuck Michel, the President of the California Rifle and Pistol Association (of which I am a proud member) for a comment about Benitez…

“Judge Benitez is a thoughtful and thorough jurist. When it comes to litigation challenging California's overreaching gun laws, having escaped Castro's Cuba, he has the beneficial perspective of having seen tyranny up close and personal.”

- Chuck Michel, President of the California Rifle & Pistol Association

A Principled Judicial Philosophy

Benitez’s rulings are grounded in constitutional originalism. He has described the Second Amendment as a cornerstone of “America’s freedom: the freedom to protect oneself, family, home, and homeland.” His view is straightforward: judges should apply the Constitution as it was written, not adjust it to fit political winds.

That commitment extends beyond the Second Amendment. In Mirabelli v. Olson (2023), he granted a preliminary injunction protecting two teachers who opposed a district policy requiring staff to withhold a student’s asserted gender identity from parents. He ruled that compelling such deception violated their First Amendment rights, writing, "Parental involvement is essential to the healthy maturation of schoolchildren.” Earlier this year, the Ninth Circuit revived a similar parental-rights case (Regino v. Staley), allowing a mother’s suit to proceed against a school district for secretly facilitating her daughter’s social transition.

On issues of speech, family, or self-defense, his approach doesn’t waver — freedom belongs to the people, not the state

From Havana to the Federal Bench

Roger Benitez’s life story helps explain his vigilance. Born in Havana in 1950, he immigrated to the United States as a child and later lived in Imperial County, California. His family left Cuba during or after the 1959 revolution, trading authoritarian rule for a life in America built on constitutional freedom.

As a boy, he split his time between working the fields and pursuing an education. This journey took him from Imperial Valley College to San Diego State University, and eventually to law school.

After nearly two decades as a practicing attorney, he was appointed to the California Superior Court in 1997 and then served as a federal magistrate judge. In 2003, President George W. Bush nominated him to the federal bench, and the U.S. Senate confirmed him by an overwhelming 98–1 vote. Since assuming senior status in 2017, he has continued to shape the law with force and clarity.

His journey — from escaping communism to upholding liberty in the courtroom — defines his judicial mission. Having witnessed the dangers of unchecked government power, Benitez has devoted his career to ensuring it never takes root here. He lives in the San Diego area with his wife, Cathryn.

So, Does It Matter?

Judge Roger Benitez is a rare and resolute guardian of liberty in California, where liberal politicians pass unconstitutional regulations at an alarming clip. His rulings have ensured that citizens retain the means to protect themselves and the right to guide their families and speak their minds without government interference.

And his influence does not stop at California’s borders. By insisting that laws must be measured against the Constitution and the nation’s history, Benitez has offered reasoning that other courts must now contend with — reasoning that may ultimately shape debates in higher courts, even at the Supreme Court.

His work shows that a single judge, guided by principle and courage, can defend freedom even against the weight of bureaucracy. At a time when government power keeps expanding, Roger Benitez reminds us that the Constitution still has guardians.

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Each week we profile a California conservative. Previous profiles have been of the late Andrew Breitbart, Assistant Attorney General Harmeet Dhillon, Congressman Kevin Kiley, talk radio hosts Dennis Prager and John Kobylt, HJTA President Jon Coupal, actors James Woods, Kelsey Grammer and Gary Sinise, Thomas Sowell, Julie Hamill, Dr. Charles Kesler, and Victor Davis Hansen. You can go here to see them all! If you have an idea for a patriot to profile, let me know!

FOMO? I preview four big cases before the U.S. Supreme Court this coming term. Why miss out? When it’s so cheap to get it all? ($5/mo, $50 year -rate locked in forever!