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

[AlmostHeaven]

How has the Ninth Circuit still not empaneled the 3-judge panel for this case, with less than one month left before oral argument?

[abinsinia]

How has the Ninth Circuit still not empaneled the 3-judge panel for this case, with less than one month left before oral argument?

We don't normally know which judges are on the panel till the oral arguments, unless there is an order that gets filed prior to oral argument.

[ar15barrels]

How has the Ninth Circuit still not empaneled the 3-judge panel for this case, with less than one month left before oral argument?

They are trying to "randomly" pick the right 3 judge panel.
They keep drawing 3 names and coming up with a conservative justice so they are re-doing the drawing over and over and over until they get the random panel they want.

[97F1504RAD]

They are trying to "randomly" pick the right 3 judge panel.
They keep drawing 3 names and coming up with a conservative justice so they are re-doing the drawing over and over and over until they get the random panel they want.

This is some BS, that?s for sure.

[AlmostHeaven]

On the bright side, a loss at the 3-judge panel level would allow for a more expeditious appeal to the Supreme Court, so I ultimately just want to know the composition. I do not even mind if the Ninth Circuit system draws a group that consists entirely of Democrat-appointed progressive activists.

[ar15barrels]

On the bright side, a loss at the 3-judge panel level would allow for a more expeditious appeal to the Supreme Court, so I ultimately just want to know the composition. I do not even mind if the Ninth Circuit system draws a group that consists entirely of Democrat-appointed progressive activists.

The composition of the 3 judge panel is already known.
It will be 2 liberal judges and one other judge who may be either liberal or conservative.
From this, we also know the outcome of the panel will either be 2-1 or 3-0 favoring the liberal agenda.

[splithoof]

SCOTUS just proved people are putting entirely too much faith in them when it comes to gun control issues by punting on the challenge to the Illinois AW Ban. They keep shying away from the issue every time it comes before their court and refuse to hear these cases. It makes no sense.

https://www.msn.com/en-us/news/us/su...an/ar-AA1lvZWV

That is why I now always refer to them as The Eunuchs of SCOTUS.

[splithoof]

On the bright side, a loss at the 3-judge panel level would allow for a more expeditious appeal to the Supreme Court, so I ultimately just want to know the composition. I do not even mind if the Ninth Circuit system draws a group that consists entirely of Democrat-appointed progressive activists.

If you are also considering the great possibility of any case that helps the 2A will be mired in enbanc panels, which can sit on a ruling indefinitely, you may wait many years.

[AlmostHeaven]

The composition of the 3 judge panel is already known.
It will be 2 liberal judges and one other judge who may be either liberal or conservative.
From this, we also know the outcome of the panel will either be 2-1 or 3-0 favoring the liberal agenda.

Duncan v. Bonta drew a 3-judge panel with 2 Republican-appointed judges and 1 liberal, leading to the en banc collective utilizing unprecedented procedural maneuvers to bypass the standard process and take full control of the case.

I do not believe that the Ninth Circuit can guarantee liberal panel compositions.

[Sgt Raven]

If you are also considering the great possibility of any case that helps the 2A will be mired in enbanc panels, which can sit on a ruling indefinitely, you may wait many years.

If the State loses, they would ask for an en banc hearing. If we lose, we can skip the en banc and go straight to SCOTUS. There is nothing in the rulz that say we have to ask for an en banc hearing before going to SCOTUS.

[ar15barrels]

Duncan v. Bonta drew a 3-judge panel with 2 Republican-appointed judges and 1 liberal, leading to the en banc collective utilizing unprecedented procedural maneuvers to bypass the standard process and take full control of the case.

They won't make that mistake again.
They will be sure to control the empanelling process better so that can't happen again.

[AlmostHeaven]

They won't make that mistake again.
They will be sure to control the empanelling process better so that can't happen again.

Rigging the judge selection process in this manner would not serve anti-gun interests, because a conservative 3-judge panel affirming Judge Benitez, followed by en banc rehearing, would waste significantly more time than a liberal 3-judge panel reversing the district court ruling.

I and some others in this forum actually hope for a 3-0 Democrat-appointed composition just to skip en banc review.

[splithoof]

If the State loses, they would ask for an en banc hearing. If we lose, we can skip the en banc and go straight to SCOTUS. There is nothing in the rulz that say we have to ask for an en banc hearing before going to SCOTUS.

Good to know. Thank you.

[splithoof]

Rigging the judge selection process in this manner would not serve anti-gun interests, because a conservative 3-judge panel affirming Judge Benitez, followed by en banc rehearing, would waste significantly more time than a liberal 3-judge panel reversing the district court ruling.

I and some others in this forum actually hope for a 3-0 Democrat-appointed composition just to skip en banc review.

IMO it is in the best interest of the state to waste as much time as possible, especially if they can continue the status quo of enforcing whatever anti 2A laws we are referring to. More time means they are closer to making appointments to the Eunuchs of SCOTUS, and then follow up on bringing more cases to reverse Heller and Bruen, long term.

[AlmostHeaven]

IMO it is in the best interest of the state to waste as much time as possible, especially if they can continue the status quo of enforcing whatever anti 2A laws we are referring to. More time means they are closer to making appointments to the Eunuchs of SCOTUS, and then follow up on bringing more cases to reverse Heller and Bruen, long term.

Paradoxically, drawing a 3-judge panel composition with a Republican-appointed majority better serves the political goals of the California government by guaranteeing en banc rehearing, which would waste an entire additional year.