Duncan V Bonta - large cap mags: OLD THREAD

[chris]

Benitez won?t fall for this game. He clearly understands that the liberal anti-gun defendants want to find a way to back door Bruen and re-establish the old ?interest balancing? analysis advocated by Justice Breyer for all gun cases. But this also means that Benitez will need to explicitly address these attempts in his decision and lay out a thorough legal analysis that debunks interest balancing being injected under guise of a different name or fake ?precedent?. He knows his full decision will be surgically dissected by the liberals on the 9th Circuit for ANY crack that allows them to either claim his analysis didn?t follow their interpretation of Bruen, or that he showed ANY prejudice towards a (fabricated) ?historical precedent? that would support defendants claims of prior state interest balancing. Fortunately, Benitez has ample examples in the 9th Circuits thought process in all of their prior en banc reversals of gun rights cases, so he knows precisely what they will attempt to argue and can explicitly lay out why those arguments are now foreclosed by Bruen.

Great points you have addressed. I'm looking forward to the breakdown for us non lawyer types to hear or read his decision. No doubt the media and Newsom will b*tch moan and cry about his ruling all over the news. That is something I'm looking forward to.

[TruOil]

Great points you have addressed. I'm looking forward to the breakdown for us non lawyer types to hear or read his decision. No doubt the media and Newsom will b*tch moan and cry about his ruling all over the news. That is something I'm looking forward to.

His first opinion dissected the balancing test and rejected it as impermissible under the Heller decision, but still concluded that the law would fail even if balancing applied. So having rejected it once, he is even more likely to do so after Bruen.

[BAJ475]

His first opinion dissected the balancing test and rejected it as impermissible under the Heller decision, but still concluded that the law would fail even if balancing applied. So having rejected it once, he is even more likely to do so after Bruen.

My guess is that he won't discuss balancing because there is no need to do so.

[Sgt Raven]

My guess is that he won't discuss balancing because there is no need to do so.

He may point out that under Bruen, a balancing test is not allowed.

[1911su16b870]

He may point out that under Bruen, a balancing test is not allowed.

He wrote

"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

So no strict/intermediate scrutiny...text, history and tradition for Benitez...hopeful/wishing/praying everyone else in the 9th circuit does the same.

[DrewN]

Yeah that?s not a thing.

?? I was under 21 in A school and we drank at the bars all the time. Edit: Ah, never mind, the drinking age was 18 in Tn at the time. I'm just old.

[Sgt Raven]

?? I was under 21 in A school and we drank at the bars all the time. Edit: Ah, never mind, the drinking age was 18 in Tn at the time. I'm just old.

CRS is real.

[EM2]

?? I was under 21 in A school and we drank at the bars all the time. Edit: Ah, never mind, the drinking age was 18 in Tn at the time. I'm just old.

I was 18 back in 1985 when I was attending EM-A school in Great Lakes Illinois and was able to get beer at the enlisted club on base.
IIRC, the drinking age was either 19 or 21 for Illinois and Wisconsin, we would go to a bowling alley bar as they didn't give two ****s so long as you stayed

[The Gleam]

C'mon baby - you're next for some updates!

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[BlessedHunter]

C'mon baby - you're next for some updates!

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Just thought how amazing it would be if in the next two days, this case, the AW case and Renna all were judged in our favor. Each case has a two week timeline before it?s enjoined??all at the same time.

CA would be up a creek trying to maneuver all of it and it would be glorious.

[ar15barrels]

Just thought how amazing it would be if in the next two days, this case, the AW case and Renna all were judged in our favor.
Each case has a two week timeline before it?s enjoined??

Depends on the judge's specific orders.

[mr goodguy]

Silence is deafening

[homelessdude]

A lot of us are waiting on this one. fingers crossed

[BigPimping]

Any new information on this?

[CGZ]

Still waiting for the ruling. No way to know when it'll come out. I would speculate it comes out this month as it's near two months since the final briefs were due, but could still be longer.