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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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  #1081  
Old 07-15-2020, 12:29 AM
Maverick237 Maverick237 is offline
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Quote:
Originally Posted by LVSox View Post
As I noted a couple of weeks ago, the panel was selected last February, when there were only 6 non-senior Republican appointees to 17 Democrat appointees. The odds are much, much worse than that.
I imagine if that's truly the case then they will use these riots and protests as an excuse as to why open-carry should be barred.

Still though, I can't find information on this but it would make sense the panel would be selected when the case was approved for en-banc however cases get approved to be heard by the 9th all the time and the selection isn't announced till a few weeks in advance. Also, if I'm not mistaken don't the justices from the original hearing end up on the en banc hearing?
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  #1082  
Old 07-26-2020, 1:15 PM
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~8 weeks to go!

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  #1083  
Old 07-27-2020, 2:50 PM
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Quote:
Originally Posted by Maverick237 View Post
I imagine if that's truly the case then they will use these riots and protests as an excuse as to why open-carry should be barred.

Still though, I can't find information on this but it would make sense the panel would be selected when the case was approved for en-banc however cases get approved to be heard by the 9th all the time and the selection isn't announced till a few weeks in advance. Also, if I'm not mistaken don't the justices from the original hearing end up on the en banc hearing?
All are eligible to be on the en banc panel--all judges are--but the only one guaranteed a spot is the anti-gun Chief Judge.

[In the Federal Court of Appeals, they are judges, only the Supreme Court has justices. In Ca. state court of appeal, they are justices.]
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  #1084  
Old 08-12-2020, 3:02 PM
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Interesting there is another en banc case that is being heard that week that has had its panel announced.
https://www.ca9.uscourts.gov/enbanc/

Rojas v. FAA, No. 17-55036

Three-Judge Panel Opinion: 927 F.3d 1046 (9th Cir. 2019)

Order Taking Case En Banc: 948 F.3d 952 (9th Cir. 2020)

Date of Order Taking Case En Banc: January 30, 2020

Status: To be calendared week of September 21, 2020, in San Francisco, California

Members of En Banc Court: THOMAS, Chief Judge, and GRABER, WARDLAW, RAWLINSON, CALLAHAN, M. SMITH, Jr., IKUTA, WATFORD, HURWITZ, COLLINS, and BUMATAY, Circuit Judges

Subject Matter: Appeal from the district court’s order granting summary judgment in favor of the Federal Aviation Administration in a case concerning a Freedom of Information Act request.

Holding: Not yet decided
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  #1085  
Old 08-12-2020, 9:07 PM
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Quote:
Originally Posted by wolfwood View Post
Interesting there is another en banc case that is being heard that week that has had its panel announced.
That FAA lawsuit was originally calendared for the second week of March, so the en banc panel was announced on the Monday of the first week of March. Early in the second week, the en banc sitting was canceled. Due to the en banc panel already being public, when oral argument was recalendared for September, the membership was left up.
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  #1086  
Old 08-13-2020, 2:52 PM
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Sorry but how do they select the En Banc? I know it is supposedly random but...do they just draw names out of a hat??
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  #1087  
Old 08-15-2020, 9:01 AM
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Originally Posted by pacrat View Post
NOPE

Not after the can kicking that the Roberts SCOTUS pulled.

9th CIRCUS now has Carte Blanche to continue allowing Ca Legislature to crap on the Constitution.
That disgrace is making lots of his decisions simply because he does not like trump.
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  #1088  
Old 08-15-2020, 9:57 AM
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Are they allowing any audiences now under covid?
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  #1089  
Old 08-15-2020, 10:07 AM
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Originally Posted by rkt88edmo View Post
Are they allowing any audiences now under covid?
The Ninth Circuit posts videos of their arguments on their website.............
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  #1090  
Old 08-15-2020, 11:40 AM
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Originally Posted by RickD427 View Post
The Ninth Circuit posts videos of their arguments on their website.............
Not as much fun as attending live in the house
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  #1091  
Old 08-24-2020, 5:40 PM
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Quote:
Originally Posted by rkt88edmo View Post
Not as much fun as attending live in the house
As I predicted weeks ago, if oral argument is held in this case at all, unless something changes, it's going to be held remotely, by video. And the Court is setting the stage for there to be no argument at all. From today's Notice from the Court:

Quote:

THOMAS, Chief Judge and En Banc Coordinator.
This en banc case is set for virtual oral argument on Thursday, September 24, 2020, at 1:30 p.m. Pacific time.

Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.

Last edited by LVSox; 08-24-2020 at 6:04 PM..
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  #1092  
Old 08-24-2020, 7:43 PM
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All these cases have results that are party-line votes, just like in Congress. So when do we find out who is on the panel? I know the odds are strongly against us on this one.
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  #1093  
Old 08-24-2020, 9:01 PM
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Originally Posted by CCWFacts View Post
So when do we find out who is on the panel?
September 14.
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  #1094  
Old 08-24-2020, 9:34 PM
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Quote:
Originally Posted by LVSox View Post
As I predicted weeks ago, if oral argument is held in this case at all, unless something changes, it's going to be held remotely, by video. And the Court is setting the stage for there to be no argument at all. From today's Notice from the Court:
Is it likely because Hawaii extended their 2-week quarantine for those coming back from the mainland until the end of September?
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  #1095  
Old 08-25-2020, 6:40 AM
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Quote:
Originally Posted by darkwater View Post
Is it likely because Hawaii extended their 2-week quarantine for those coming back from the mainland until the end of September?
No, the Ninth Circuit has been holding all oral arguments by video.
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  #1096  
Old 08-31-2020, 9:41 PM
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About 3 weeks to go!

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  #1097  
Old 09-01-2020, 7:14 AM
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Quote:
Originally Posted by Paladin View Post
About 3 weeks to go!

Do we know the judges yet?
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  #1098  
Old 09-01-2020, 7:44 AM
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Quote:
Originally Posted by Maverick237 View Post
Thomas, a Dem. appointee will always be on en-banc.

There are 10 seats on an en-banc court as a result not counting Thomas. There are currently 13 Republican appointed justices and 15 Democrat ones (not counting Thomas). In order to have a majority this means that 6 have to be Republican (this will result in a 6 - 5 split) out of 10, selected out of a total of 28 justices.
Actually if you go to the 9th Circuit website, they list a total of 28 9th Circuit judges, 14 of which are liberal appointed and 14 conservative appointed. Which two judges that were appointed by a conservative president were actually liberal judges?!
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  #1099  
Old 09-01-2020, 10:53 AM
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As discussed in this thread, panel was seated long time ago. Before any new Trump appointees.
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  #1100  
Old 09-03-2020, 10:18 AM
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How has the panel been chosen already? The rules seem to prohibit senior status judges from participating and with all the Trump appointees recently we know some have gone senior status (or retired) since then.
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  #1101  
Old 09-03-2020, 11:09 AM
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Quote:
Originally Posted by Offwidth View Post
As discussed in this thread, panel was seated long time ago. Before any new Trump appointees.
Never listen to offwidth. He has about as much sense as an expired can of Spaghetti-Os.
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  #1102  
Old 09-03-2020, 11:56 AM
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Quote:
Originally Posted by press1280 View Post
How has the panel been chosen already? The rules seem to prohibit senior status judges from participating and with all the Trump appointees recently we know some have gone senior status (or retired) since then.
Senior judges can participate as long as they were not senior when the panel was selected.
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  #1103  
Old 09-03-2020, 1:01 PM
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Originally Posted by jcwatchdog View Post
Never listen to offwidth. He has about as much sense as an expired can of Spaghetti-Os.
Love that "as has been discussed" bit. There's only been one person in the thread constantly ringing that bell at every opportunity provided them.
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  #1104  
Old 09-03-2020, 1:06 PM
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The only thing we get by playing these legal games is more time to fool ourselves. The Constitution has been shredded and the courts have been active participants. The only thing for certain is that they will come after the weakest of us first.
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  #1105  
Old 09-03-2020, 2:13 PM
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Originally Posted by Federalist50 View Post
Love that "as has been discussed" bit. There's only been one person in the thread constantly ringing that bell at every opportunity provided them.
I guess comprehension is lacking with both of you. Sad.
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  #1106  
Old 09-03-2020, 4:09 PM
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Quote:
Originally Posted by Aguy View Post
Sorry but how do they select the En Banc? I know it is supposedly random but...do they just draw names out of a hat??
Supposedly a wheel.
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  #1107  
Old 09-03-2020, 5:46 PM
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Originally Posted by Kukuforguns View Post
Supposedly a wheel.
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  #1108  
Old 09-03-2020, 7:50 PM
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Quote:
Originally Posted by Offwidth View Post
I guess comprehension is lacking with both of you. Sad.
Oh please. Stop with the "Sad" crap.
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  #1109  
Old 09-03-2020, 8:22 PM
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That's great. You should easily have a decision by 2023.
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  #1110  
Old 09-03-2020, 11:41 PM
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Originally Posted by Kukuforguns View Post
Supposedly a wheel.
Seriously? So many things wrong with this if true.
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  #1111  
Old 09-04-2020, 9:31 AM
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Originally Posted by zeneffect View Post
Seriously? So many things wrong with this if true.
I've posted the link several times in several threads but it's known that 3-judge panels aren't that random.

So when do we find out who is on the en banc?
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  #1112  
Old 09-04-2020, 9:44 AM
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Quote:
Originally Posted by CCWFacts View Post
I've posted the link several times in several threads but it's known that 3-judge panels aren't that random.

So when do we find out who is on the en banc?
How many times do you need to have this question answered for you? (See post #1177.)
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  #1113  
Old 09-04-2020, 11:32 AM
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Quote:
Originally Posted by LVSox View Post
How many times do you need to have this question answered for you? (See post #1177.)
10 days!
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  #1114  
Old 09-04-2020, 11:33 AM
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Quote:
Originally Posted by Federalist50 View Post
Oh please. Stop with the "Sad" crap.
Does it make you sad? Have a tissue.
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  #1115  
Old 09-04-2020, 12:08 PM
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Quote:
Originally Posted by LVSox View Post
September 14.
So about ONE WEEK!

The arguments and briefs will make little difference. We'll know the outcome based on who is on the panel. The odds aren't in our favor.

Trump 2020.
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  #1116  
Old 09-04-2020, 12:16 PM
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Quote:
Originally Posted by CCWFacts View Post
So about ONE WEEK!

The arguments and briefs will make little difference. We'll know the outcome based on who is on the panel. The odds aren't in our favor.

Trump 2020.
The panel was picked when the court was %70 liberal appointed judges .. So it's not going to be a good panel .
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  #1117  
Old 09-04-2020, 4:09 PM
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Originally Posted by abinsinia View Post
The panel was picked when the court was %70 liberal appointed judges .. So it's not going to be a good panel .
Yes I realize that. Clever how that worked out. We have a sliver of a chance. My observation of all these cases puts me in the KC Brown camp. The legal arguments don't matter and the votes and outcomes are nearly party line.
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  #1118  
Old 09-08-2020, 8:22 AM
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1 week until we know the panel.

2 weeks until orals.

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  #1119  
Old 09-14-2020, 4:40 AM
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Panel: THOMAS, Chief Judge, and O'SCANNLAIN, McKEOWN, WARDLAW, W. FLETCHER, CLIFTON, BYBEE, CALLAHAN, IKUTA, FRIEDLAND, and R. NELSON, Circuit Judges

https://www.ca9.uscourts.gov/calenda...2-24&year=2020
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  #1120  
Old 09-14-2020, 5:14 AM
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Interesting, quite a balanced panel. Wolfwood might have got lucky again. Might have.
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