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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #921  
Old 01-19-2019, 12:37 PM
Chewy65 Chewy65 is offline
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Earlier there was a discussion as to whether the panel decision would be attacked since should it be overturned SCOTUS may grant cert. At the time it was composed of four liberals, incuding RGB, four conservatives, and Roberts. Now it is looking like RGB will be off the court and replaced by another conservative. Given this will the libs really want a win en banc that SCOTUS could reverse with the effect being conservative precedence.
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  #922  
Old 01-19-2019, 8:23 PM
CCWFacts CCWFacts is offline
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That's the issue they should be thinking about right now. SCOTUS is not a place where they can win, and even an en banc could be a loss for them. This graphic is from Nov. 2018 so it may not be completely up to date, but it shows what's going on at the circuit level:



In the 9th, the en banc panel is randomly drawn, and someone could do the calculation to see what are the odds of getting a conservative panel of 11 judges from the 9th, esp. when all the seats are filled.
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  #923  
Old 01-19-2019, 8:54 PM
Robotron2k84 Robotron2k84 is offline
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https://hotair.com/archives/2019/01/...s-rob-workers/

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Here’s a case you’ll want to keep an eye on in the months ahead. Since the decision was handed down in Janus v AFSCME, public sector unions, in particular, have been on the ropes. No longer able to extract union dues (or “agency fees”) from workers and use them for political speech the employee may disagree with, the cash cow has largely ceased giving milk. But unions in Oregon clearly aren’t ready to go down without a fight. Legislators in the Beaver State are now moving forward with a bill clearly designed to subvert the Supreme Court decision and keep money flowing into the union coffers.
The leftists know that if they lose control of SCOTUS and aren't able to stack the court, they can always give a straight-up FU to the bench and simply ignore their rulings.

This puts us right at 1836 on the civil war clock. It's just going to get more dicey as time goes on.

Last edited by Robotron2k84; 01-19-2019 at 8:57 PM..
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  #924  
Old 01-20-2019, 6:49 PM
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No, they can not just ignore the rulings.
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  #925  
Old 01-20-2019, 7:06 PM
Robotron2k84 Robotron2k84 is offline
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SCOTUS has no enforcement arm. Federal Marshals can be used to actuate some enforcement, but the constitution does not provide a separate power for SCOTUS to walk down the line with any effect to subdivisions of state governments.

It's largely a magic trick that everyone abides by their decisions, as it is meant as a peacekeeping balance, not to be a component of political power. The fact that it has become such is a consequence of the division present in politics today.

Lower courts actuate enforcement, but if the state and district courts also go rogue what can SCOTUS do? It would be up to the President to utilize the national guard to impose any ruling.

You, in other threads have stated you were born outside of the U.S. It's clear that you don't have a great understanding of this country's history. There was another era where SCOTUS was disregarded and it led to states forming a renegade block and a direct affront to continued control by the Federal Government. Once that block went hot, it was game on and the rest is history. You should look it up.

Leftists ignoring the highest court is a direct cut to the sinew holding our country together and can only go in one direction once rendered ineffective.
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  #926  
Old 01-20-2019, 8:53 PM
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Quote:
Originally Posted by Robotron2k84 View Post
SCOTUS has no enforcement arm. Federal Marshals can be used to actuate some enforcement, but the constitution does not provide a separate power for SCOTUS to walk down the line with any effect to subdivisions of state governments.

It's largely a magic trick that everyone abides by their decisions, as it is meant as a peacekeeping balance, not to be a component of political power. The fact that it has become such is a consequence of the division present in politics today.

Lower courts actuate enforcement, but if the state and district courts also go rogue what can SCOTUS do? It would be up to the President to utilize the national guard to impose any ruling.
It has been done before! Remember Ike and Little Rock.

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You, in other threads have stated you were born outside of the U.S. It's clear that you don't have a great understanding of this country's history. There was another era where SCOTUS was disregarded and it led to states forming a renegade block and a direct affront to continued control by the Federal Government. Once that block went hot, it was game on and the rest is history. You should look it up.

Leftists ignoring the highest court is a direct cut to the sinew holding our country together and can only go in one direction once rendered ineffective.
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  #927  
Old 01-20-2019, 9:55 PM
Robotron2k84 Robotron2k84 is offline
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It has been done before! Remember Ike and Little Rock.
Which only goes to prove the extreme measures the country was likely to face if the same forces were not countered that beget the Civil War.

Does anyone think Trump would have the same response to a SCOTUS decision to make gun bans unconstitutional, or to limit abortion, or find in favor of CCW?

The leftists know how extreme a position it is to have a Presidential intervention on behalf of SCOTUS, and they will walk right up to the line and spit over on most days. Even they know there is no coming back from such a tactic as outright defiance, unless they have support.

In Arkansas, Faubus, a Democrat, tried for the next two years (after 1957) to fight desegregation and eventually gave up. What if he had success with his referendums and pushed the issue? If he had broader support.

He was isolated, but given the leftists today are angling to have the entire West Coast as a unified block controlling ports and 15% of the country's population, along with sister efforts on the East Coast, we are closing in on another tipping point. Hence my allusion to 1836.
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  #928  
Old 01-21-2019, 7:16 AM
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Robotron, your post here is a pile of delusion mixed up with arrogance. Rest assured I am more educated on the laws and customs of this country than it is apparent from your rambling.
There will be no civil war. SCOTUS will rule on this and CA will obey. It is not a real issue for them, just fodder for polls.

Last edited by Offwidth; 01-21-2019 at 7:21 AM..
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  #929  
Old 01-21-2019, 8:43 AM
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I take no position on whether there will be a civil war. However, if there is a civil war and you live in the Southern California area please consider Firearms Unknown for your civil war firearms purchase. Staffed and represented by Marine Corps veterans we guarantee that our products will withstand the rigors of armed resistance to a tyrannical government.
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  #930  
Old 01-21-2019, 10:15 AM
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Originally Posted by Offwidth View Post
Robotron, your post here is a pile of delusion mixed up with arrogance. Rest assured I am more educated on the laws and customs of this country than it is apparent from your rambling.
There will be no civil war. SCOTUS will rule on this and CA will obey. It is not a real issue for them, just fodder for polls.
If you want to attack Robotron on the basis of "fear mongering" . . . sure . . . go for it . . .

...but understand the basic point - SCOTUS has no enforcement mechanism.

If the momentum of that part of the political system (legislature, executive and bureaucracy) is one way, and SCOTUS rules the other way - there's nothing stopping the system from simply ignoring SCOTUS.

And if the states are onboard with that same system, the same applies.

And the same for "activist" judges in the Federal appeals courts...

This has happened at least twice in our history...

Once with Jackson...

...and again at the start of the Civil War...with some members of SCOTUS and the print media put under house arrest.

The Constitution and our Bill of Rights and the paper it is printed on is only as good as the people who are supposed to abide by it.

When they don't, it's a cultural failing . . . risk of civil war breaking out has just taken a big jump.

=8-)
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  #931  
Old 01-21-2019, 10:19 AM
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😂🤣😅
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  #932  
Old 01-21-2019, 12:38 PM
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18 hours to go!
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  #933  
Old 01-21-2019, 12:59 PM
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Default Young v. Hawaii (CA9); en banc requested Sep 2018

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18 hours to go!


What’s going on in 18 hours?
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  #934  
Old 01-21-2019, 2:28 PM
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What’s going on in 18 hours?
In 18 hours, you can confidently say "2 weeks!"
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  #935  
Old 01-21-2019, 2:50 PM
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What’s going on in 18 hours?
I think he's referring to the SCOTUS orders wrt the NYRPA case being released tomorrow.
But that's probably going to be another relist
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  #936  
Old 01-21-2019, 3:27 PM
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Quote:
Originally Posted by wolfwood View Post
I take no position on whether there will be a civil war. However, if there is a civil war and you live in the Southern California area please consider Firearms Unknown for your civil war firearms purchase. Staffed and represented by Marine Corps veterans we guarantee that our products will withstand the rigors of armed resistance to a tyrannical government.
Spoken like a true lawyer!

Oh, and FWIW, if I were in San Diego I’d go there!
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  #937  
Old 01-21-2019, 7:14 PM
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Quote:
Originally Posted by CCWFacts View Post
That's the issue they should be thinking about right now. SCOTUS is not a place where they can win, and even an en banc could be a loss for them. This graphic is from Nov. 2018 so it may not be completely up to date, but it shows what's going on at the circuit level:



In the 9th, the en banc panel is randomly drawn, and someone could do the calculation to see what are the odds of getting a conservative panel of 11 judges from the 9th, esp. when all the seats are filled.
No wonder the obama and illegal lovers always sue in the 9th. I would like to see a "creative" lawsuit by a covert patriot in one of the conservative districts take up the case before the 9th gets hold of it. Especially immigration issues. Seems they think that borders are meant to be crossed.
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  #938  
Old 01-21-2019, 10:14 PM
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Originally Posted by press1280 View Post
I think he's referring to the SCOTUS orders wrt the NYRPA case being released tomorrow.
But that's probably going to be another relist


Wrong thread. My mistake.... (Psst! 8 hours and 15 minutes. )
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