Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24

[BAJ475]

Just saw this, can anyone comment on the authenticity of this?

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Overturn is a bit of an exaggeration but the opinions that upheld the bans and restrictions were vacated as noted.

[Kokopelli]

Washington state's mag ban goes into effect tomorrow. I hope this puts a halt to it.

[joeypounds]

This??

https://news.bloomberglaw.com/us-law-week/justices-send-assault-weapon-magazine-bans-back-to-lower-courts

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[cleonard]

Overturn is a bit of an exaggeration but the opinions that upheld the bans and restrictions were vacated as noted.

Somehow I think that the expected result is overturned.

[Elgatodeacero]

We really need to change the legal rules, and make a new legal procedure where any claim of a constitutional violation must be permanently enjoined until all litigation is final and judgment is final in the governments favor.

Imagine how fast the courts would work!

[BAJ475]

This??

https://news.bloomberglaw.com/us-law-week/justices-send-assault-weapon-magazine-bans-back-to-lower-courts

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The writer is an idiot. The cases were not sent back to "allow lower courts another shot at cases after a high court decision that could potentially change the analysis or outcome of a case." The cases were sent back with clear directions fix their F ups. The high court was just more polite than I am.

[BAJ475]

We really need to change the legal rules, and make a new legal procedure where any claim of a constitutional violation must be permanently enjoined until all litigation is final and judgment is final in the governments favor.

Imagine how fast the courts would work!

Very bad idea. That two edge sword would cut you to pieces before you knew what had happened.

[kuug]

Since Rupp hasn't been decided, based on the new test in Bruen, they can still hold Miller pending that final decision.

I think the GVR cases will require being re-briefed. I'm not going to say WHY because that will give listening ears a heads up. I suggest no one else says why either - we do NOT want to give them ammo to shoot us with.

Rupp was sent back to the district court. The district court must issue an opinion in Rupp. Miller already had a decision on the merits from the district court(Benitez) and was stayed before appearing in front of a 9th circuit panel.

https://oag.ca.gov/system/files/attachments/press-docs/Decision%20--%20Miller%2020210604.pdf

The 9th can begin the filing of briefs to see if Miller faithfully applies Heller/Bruen, even though it was issued before Bruen, without a faulty process ensuing. If Miller is kicked back to Benitez then the 9th's purpose is only to delay gun rulings as long as possible.

[cleonard]

We really need to change the legal rules, and make a new legal procedure where any claim of a constitutional violation must be permanently enjoined until all litigation is final and judgment is final in the governments favor.

Imagine how fast the courts would work!

It might not be binding, but Thomas kind of said that when he stated that the govt should be presumed to lose. If that is followed there will be no stay of injunctions like Freedom Week.

[Haplo]

I am guessing the 9th Cir. will maintain their position using whatever logic they want, and this will once again get appealed to the SCOTUS.

[abinsinia]

I am guessing the 9th Cir. will maintain their position using whatever logic they want, and this will once again get appealed to the SCOTUS.

The lady judge from Rupp stopped at step one. So they can be as dishonest as they want.

[cleonard]

Seems like Miller should also be sent back to the district court to be redone on the new criteria. They will not do that because Benitez would find for the plaintiff and and issue an injunction to strike down the ban.

I have a feeling that Freedom forever will be the new Freedom Week. It shouldn't take too long.

[Kokopelli]

Tomorrow, July 1, 2022, Washington state’s standard capacity magazine ban goes into effect. Does this cancel that legislation or open the floodgates for lawsuits?

[abinsinia]

they might be able to get a preliminary injunction because the Duncan cases can't be used as prior precedent. The courts would have to stop it tho.

[kuug]

A lawsuit must be filed against WA for their mag ban