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

[Solidsnake87]

When is the next court date on this? I seem to recall seeing something that Benitez was to release an opinion within 21 days of his injunction. If so, that would mean we would see a decision this week.

[TruOil]

When is the next court date on this? I seem to recall seeing something that Benitez was to release an opinion within 21 days of his injunction. If so, that would mean we would see a decision this week.

Not Benitez, the Court of Appeals panel that decides motions for stays.

[BeAuMaN]

When is the next court date on this? I seem to recall seeing something that Benitez was to release an opinion within 21 days of his injunction. If so, that would mean we would see a decision this week.

As said previously. We'll see if they release it by friday or not:

Not sure. I imagine it's not going to be many weeks or months or whatever. It'd be great if someone pulled up another example of this happening and how long it took, but they are responding to an emergency stay so it shouldn't be that long.

With that said, the FRAPs (Federal Rules of Appellate Procedures) says an emergency motion for relief to avoid irreparable is 21 days or less. So no later than 21 days probably? However I think it will be sooner than that? Not a lawyer; I just read this stuff

[BeAuMaN]

I'd kind of agree though also that very discussion was a decent sized part of Benitez's opinion in the injunction (which Becerra complained about, heh).

[ShadowGuy]

Something was posted to the docket today. Anyone have access?

https://www.courtlistener.com/docket/6378064/rhode-v-becerra/?order_by=desc

[abinsinia]

Something was posted to the docket today. Anyone have access?

https://www.courtlistener.com/docket...?order_by=desc

Looks like something was granted.

EDIT:
looks like SILVERMAN, NGUYEN, and COLLINS granted the extension.
Nominated by Clinton, Obummer, and Trump. Who wants to bet it was a 2-1 vote ?

[fixitquick79]

Looks like 3 months or so before they even decide on the arguments. Blatant stalling tactic.

[abinsinia]

Can Benitez still continue with the case ?

[ShadowGuy]

Looks like something was granted.

EDIT:
looks like SILVERMAN, NGUYEN, and COLLINS granted the extension.
Nominated by Clinton, Obummer, and Trump. Who wants to bet it was a 2-1 vote ?

Thanks for posting. Not unexpected from that grouping of judges.

[abinsinia]

Looks like 3 months or so before they even decide on the arguments. Blatant stalling tactic.

Looks like maybe two months. June 12, 2020 plus 28 days.

[BeAuMaN]

Looks like something was granted.

EDIT:
looks like SILVERMAN, NGUYEN, and COLLINS granted the extension.
Nominated by Clinton, Obummer, and Trump. Who wants to bet it was a 2-1 vote ?

Just to clarify for those reading just now that this relates to the extension of time to file the brief for appeal, which is separate from the decision on the request to stay the injunction.

Also, regarding those three, as I said previously: I would not be quick to dismiss Silverman, as he dissented on 2A grounds in the En Banc Panel in Peruta (relating to CCW).

However, I've heard that the court generally grants extensions of time for filing a brief, but someone who is more familiar on the courts could say more.

[champu]

Can Benitez still continue with the case ?

[HowardW56]

Before: SILVERMAN, NGUYEN, and COLLINS, Circuit Judges.
The opposed motion for an extension of time to file the opening brief and
excerpts of record (Docket Entry No. 9) is granted. The opening brief and excerpts
of record are due June 12, 2020. The answering brief is due within 28 days after
service of the opening brief. The optional reply brief is due within 21 days after
service of the answering brief. See 9th Cir. R. 3-3(b).

[SoCalSteven]

The time extension was opposed unless the administrative stay was removed. Perhaps the administrative stay is going to be removed next? A guy can dream right?

[BeAuMaN]

Can Benitez still continue with the case ?

Look at Duncan v Becerra for guidance.

Court documents are separated into three parts, from top to bottom: Appeal on Summary Judgement (that's the appeal on the district court's final decision), District Court, and Appeal on Injunction. Injunction was granted on 6/29/2017.

Appeal on Injunction ran from 7/28/2017 through 7/17/2018 (with the Memorandum/Decision affirming the injunction). You can see that Becerra requested a stay on district court proceedings pending appeal on the injunction on 8/7/2017, and filed the motion on on 9/11/2017. This was denied by District Court on 10/10/2017. The district court then proceeded with the case while the appeal on the injunction was ongoing.