Rhode v. Becerra (Challenge to CA Ammo Sales) - ORAL ARGS at 9th 11-9-2020

[BeAuMaN]

Got me to thinking. If Becerra has an inside line, as he appeared to have in acquiring the administrative stay at 10pm, could it be that he's already been informed that the emergency stay will be granted? If so, then he would have no qualms about delaying the appeal of the preliminary injunction.

OTOH, I've heard that a new panel is in town as of 5/1? Maybe paranoia is setting in.

I disagree on the "inside line" thing on the 10pm administrative stay, other than the AG's office is probably very well practiced at contacting the 9CA as a single state entity that handles a lot of cases. I wrote about it all seeming to be standard procedure here (both the administrative stay and the new panel). They notified the clerks office that they were filing an emergency stay request ahead of time (Page 6) via email and voicemail.

Apart from that... I mean it's possible that the AG's office and said Judges are in cahoots, but I don't find it probable and I think that's the paranoia talking. I don't like to immediately assume conspiracy. Also as explained earlier the extension works in CA DoJ's favor whether afaik whether the Motions Panel approves or denies the emergency stay, so no need to really coordinate in that regard.

[FirearmFino]

[GetMeCoffee]

Appellees’ Opposition to Motion for Extension of Time to File Appellant’s Opening Brief and Excerpts of Record

Beautifully done:

The State tells this Court that 28 days to brief an interlocutory appeal of a temporary injunction is insufficient, that it needs 21 extra days because of staffing issues exacerbated by the COVID-19 pandemic and the need for its attorneys to digest the district court’s order and collaborate on opposing it.
...
Yet the State was able to reach its conclusion that the district court had abused its discretion in issuing the preliminary injunction and draft not one, but two, motions making its case, in little more than 28 hours.

So they determined that Hon. Benetez abused his discretion without the bother of really reviewing the order for preliminary injunction. Seems like an admission of incompetence at best or malfeasance at worst.

[curtisfong]

Apart from that... I mean it's possible that the AG's office and said Judges are in cahoots

The 9th doesn't need explicit marching orders nor elaborate conversations (or any communication at all, for that matter) to know what they're supposed to do.

It isn't "cahoots" if the courts motivations happen to be (by political circumstance) 100% aligned with the AG's motivations.

In fact, we've seen exactly this from the 9th, again and again, all under the "leadership" of Sidney Thomas.

[BeAuMaN]

Beautifully done:


So they determined that Hon. Benetez abused his discretion without the bother of really reviewing the order for preliminary injunction. Seems like an admission of incompetence at best or malfeasance at worst.

I mean that's what I would argue, though I imagine it's because they were just waiting and had a lot of things done ahead of time, waiting to pounce assuming Benitez would do an injunction. During the time they were waiting they probably drafted different arguments on what reasons Benitez could justify an injunction, and then banged it all together into a final draft once it was actually issued.

Either way they don't need an extension.

The 9th doesn't need explicit marching orders nor elaborate conversations (or any communication at all, for that matter) to know what they're supposed to do.

It isn't "cahoots" if the courts motivations happen to be (by political circumstance) 100% aligned with the AG's motivations.

In fact, we've seen exactly this from the 9th, again and again, all under the "leadership" of Sidney Thomas.

Yep! Occasionally we get respite but it's not as much as I'd prefer. Hopefully that seemingly favorable motions panel will rule our way.

[GetMeCoffee]

... I imagine it's because they were just waiting and had a lot of things done ahead of time, waiting to pounce assuming Benitez would do an injunction. During the time they were waiting they probably drafted different arguments...

So there's the real reason that Nelson Richards hasn't been able to spend adequate time with his kids.

[ar15barrels]

If an out of state vendor hasn't fulfilled an order but has promised it will be shipped - is it kosher to receive it? thnx

According to the law, NO.

Some people believe in civil disobedience though.

[FirearmFino]

[CAsubject]

That was an irritating read. Thank you for the update though.

[ugimports]

I'm confused though. Wasn't the Veteran who was an orphan and thus unable to get his birth certificate (and thus no passport) part of the lawsuit? Or was he just an example in the 120 page read. The state keeps arguing that nobody is harmed when this US citizen/veteran is UNABLE to purchase any ammunition under the current process. He can't even get past the first door with his Federal Limits Apply drivers license/ID.

[kuug]

I'm confused though. Wasn't the Veteran who was an orphan and thus unable to get his birth certificate (and thus no passport) part of the lawsuit? Or was he just an example in the 120 page read. The state keeps arguing that nobody is harmed when this US citizen/veteran is UNABLE to purchase any ammunition under the current process. He can't even get past the first door with his Federal Limits Apply drivers license/ID.

I believe Benitez used him as one example even though Kim Rhode is the actual plaintiff.

[ugimports]

I believe Benitez used him as one example even though Kim Rhode is the actual plaintiff.

I see. Isn't there some legal way to get them in the picture/on the record (not sure if you know). The equivalent of calling them as a witness or something like that. Otherwise, however much I disagree, the state is basically saying "the actual people complaining here in this lawsuit are not impacted". Anyone know if you can have a "class action" type suit for these kind of cases or are those only civil damages like car recalls, etc?

[Dvrjon]

I believe Benitez used him as one example even though Kim Rhode is the actual plaintiff.

[ar15barrels]

I'm confused though.
Wasn't the Veteran who was an orphan and thus unable to get his birth certificate (and thus no passport) part of the lawsuit?

He is not a party to the lawsuit.

[pythonfan]

I like how the state is pointing to the 10 day wait for firearms being an acceptable burden. Hmm. Hows that working out at the moment for law abiding citizens trying to exercise their rights? It's literally not being followed by the state as they are writing it in a legal document as proof that they are not overly burdening people.