Thread Collecting Post-Bruen Case Updates - Page 2

meanrock · #41 07-19-2022, 6:29 PM

@commieforniaresident - RE: Miller V. Bonta

2022-7-11: Opposition to Motion to Lift Stay and Motion to Vacate and Remand for Further Proceedings

2022-7-12: Parties’ Joint Status Report

2022-7-18: Plaintiffs-Appellees’ Reply to Defendants-Appellants’ Opposition to Lift Stay

TruOil · #42 07-19-2022, 9:38 PM

A very nice, well supported argument. Appellees should prevail and the stay lifted, and the 9th should address the case on its merits without remand, as the relevant history was adduced in the trial court the first time around. Unless this is a conservative panel (which actually does happen) it will be interesting to see how the panel will try to wiggle out of this one--and if it can't, how the en banc panel will justify a ban.

Sorry, after Young, I can't help but be cynical. Just as the State is revolting against Bruen by enacting even more outrageous and unconstitutional restrictions, it is hard for me to believe that a liberal 9th will not follow suit.

TruOil · #43 07-19-2022, 9:48 PM

A very nice, well supported argument. Appellees should prevail and the stay lifted, and the 9th should address the case on its merits without remand, as the relevant history was adduced in the trial court the first time around. Unless this is a conservative panel (which actually does happen) it will be interesting to see how the panel will try to wiggle out of this one--and if it can't, how the en banc panel will justify a ban.

Sorry, after Young, I can't help but be cynical. Just as the State is revolting against Bruen by enacting even more outrageous and unconstitutional restrictions, it is hard for me to believe that a liberal 9th will not follow suit.

CommieforniaResident · #44 07-23-2022, 2:28 PM

Quote:

Originally Posted by meanrock

@commieforniaresident - RE: Miller V. Bonta

2022-7-11: Opposition to Motion to Lift Stay and Motion to Vacate and Remand for Further Proceedings

2022-7-12: Parties’ Joint Status Report

2022-7-18: Plaintiffs-Appellees’ Reply to Defendants-Appellants’ Opposition to Lift Stay

Updated, thanks. I'm pretty busy currently so I would appreciate if others could make these kinds of updates for me to put in--it's a lot of cases to cover.

CGZ · #45 08-02-2022, 8:10 AM

Miller v. Bonta

2022-8-1: Appellants’ motion to vacate the judgment challenged in this appeal and to remand for further proceedings is granted

popeye4 · #46 08-02-2022, 8:20 AM

Quote:

Originally Posted by CGZ

Miller v. Bonta

2022-8-1: Appellants’ motion to vacate the judgment challenged in this appeal and to remand for further proceedings is granted

Good news! I wonder if Benitez has already been working on his redraft? I'm sure this didn't come as a surprise.

As much as I feel like a kid waiting for Christmas, watching this play out in slow motion must be exquisitely painful for the baddies....

SlingshotUpgrades · #47 08-02-2022, 8:34 AM

Not great news as the 9th granted the State's motion to kick it back to district instead of granting any of the motions requested by Miller.

Not bad news (except it delays things further), but not great news.

dmcag69 · #48 08-03-2022, 7:18 AM

Benitez rewrites it, no stays please, let freedom reign until court answers, I want freedom more than a week, a year would be better,even 6 months. No stays this time, let the state suffer.

BAJ475 · #49 08-03-2022, 8:53 AM

Quote:

Originally Posted by dmcag69

Benitez rewrites it, no stays please, let freedom reign until court answers, I want freedom more than a week, a year would be better,even 6 months. No stays this time, let the state suffer.

Benitez should order that within 30 days the State submit any new evidence that it claims establishes that the AW ban is constitutional under NYSPRA v Bruen along with a brief supporting the State's claim. Miller has 30 days to respond with oral argument 10 days thereafter unless the court extends the time for oral argument.

CGZ · #50 08-10-2022, 1:05 PM

Duncan v. Bonta: @ Ninth Circuit

Aug 2, 2022: Order Requesting Supplemental Briefing regarding Bruen

This is due in 21 days

Miller v. Bonta: @ District Court: Southern District of California (Judge Benitez)

Aug 8, 2022: Judge Benitez orders briefs addressing NYSRPA v. Bruen

This is due in 20 days

Lanejsl · #51 08-10-2022, 1:24 PM

Quote:

Originally Posted by dmcag69

Benitez rewrites it, no stays please, let freedom reign until court answers, I want freedom more than a week, a year would be better,even 6 months. No stays this time, let the state suffer.

I’m not sure it matters. I believe even if he doesn’t stay, Bonta can file an emergency petition with the 9th for an immediate stay and they would likely grant it.

curtisfong · #52 08-10-2022, 1:26 PM

Quote:

Originally Posted by Lanejsl

Bonta can file an emergency petition with the 9th for an immediate stay and they would likely grant it.

Bonta could request an emergency ham sandwich and the 9th would grant it.

CGZ · #53 08-19-2022, 9:11 AM

Young v. Hawaii

Aug 19, 2022: 9th Vacates and remands back to district court

marcusrn · #54 08-19-2022, 3:59 PM

Give the bleeding case back to O'Scannlain and Callahan, they'll fix it in 30 minutes! Ten years!!!? WTF? Oh, while we're cleaning house, Sidney Thomas should be put in a reeducation/humiliation chamber for the good of the citizens served by the 9th Circuit Court of Appeals.

abinsinia · #55 08-19-2022, 4:20 PM

Quote:

Originally Posted by marcusrn

Give the bleeding case back to O'Scannlain and Callahan, they'll fix it in 30 minutes! Ten years!!!? WTF? Oh, while we're cleaning house, Sidney Thomas should be put in a reeducation/humiliation chamber for the good of the citizens served by the 9th Circuit Court of Appeals.

It won't go to O'Scannlain and Callahan they were appellant , it goes to the district judge. I don't recall who that was for this case, someone back in Hawaii.

Foothills · #56 08-21-2022, 9:12 PM

That's a good dissent though. Now I understand why nothing happened for a while.

BTW, Caetano went back to the trial court also, and they fixed it in alignment with the Supreme Court ruling, even though Alito's concurrence technically didn't have a majority.

If the District Court is smart, they'll follow O'Scannlain's guidance and just direct Hawaii to give him a permit. Maybe like Benitez they'll request supplementary briefings.

CGZ · #57 09-07-2022, 10:44 AM

Jones v. Becerra

9/7/2022: 9th Remands Back to District Courts for further proceedings in light of NYSRPA v. Bruen

Jimi Jah · #58 09-09-2022, 8:04 AM

Justice delayed is justice denied.

Courts are dragging their feet. This is intentional in order to keep unconstitutional laws in effect for as long as possible.

If overturned, a spate of new laws will clog the courts for years to come.

That is by design. After all, this is California, the one party state. It's Cuba with newer cars

JiuJitsu · #59 09-09-2022, 8:35 AM

I agree that all these are rights denied and cases further delayed due to remands to lower courts, which is certainly to CA DOJ's benefit. And it is irritating.

But the other positive/optimistic side of this is that it allows all these cases to be fully litigated 100% under the text/history/tradition (THT) standard and will hopefully put nails in the coffins of a number of these 2A-infringing laws. And any new laws CA pukes out will have to face this new THT case history that is currently being built and therefore preliminary injuctions are much more likely. At least in theory.

michigander · #60 09-13-2022, 6:39 PM

Any updates to Duncan? Briefs were due 21 days from 2-Aug. I don’t see them posted anywhere.

abinsinia · #61 09-13-2022, 6:46 PM

Quote:

Originally Posted by michigander

Any updates to Duncan? Briefs were due 21 days from 2-Aug. I don’t see them posted anywhere.

https://michellawyers.com/duncan-v-becerra/

I think we're waiting for them to decide what to do, but we already know they will send it back to Benitez.

michigander · #62 09-15-2022, 7:41 PM

Quote:

Originally Posted by abinsinia

https://michellawyers.com/duncan-v-becerra/

I think we're waiting for them to decide what to do, but we already know they will send it back to Benitez.

I’ve been tracking there and looking at Court listened to. I just kind of geek out when the briefs show up. I’m still hopeful we have a shot now with the 9th. Even Obama and Biden appointed judges have been having a hard time ruling against the 2A post Bruen.