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

[abinsinia]

In the Duncan case the En Banc panel requested the attorneys on both side to tell them if the En Banc panel has authority to hear the case.

It's entirely possible that the En Banc panel in Duncan comes back and says,

"Hey guys, we really don't have authority to hear this case, so we're sending it back to the 3 judge panel."

then another year is wasted, and if Miller is delayed on Duncan then another year for Miller too.

[Bhobbs]

The argument is the en banc can?t send it back to a 3 judge panel.

[BAJ475]

The argument is the en banc can't send it back to a 3 judge panel.

How so?

[Bhobbs]

How so?

I don?t pretend to understand all the mechanics but I?ve been told the 9th can?t remand it to itself, only back down to the district court. I guess we?ll have to wait and see.

[rrr70]

Does 9th even cares about proper procedures? Doesn’t seems so

[splithoof]

Does 9th even cares about proper procedures? Doesn?t seems so

Of course not. The ONLY goal of the 9th AT THIS MOMENT is to further delay for as long as it takes for the composition of the Eunuchs of SCOTUS to be changed in their favor, as demanded by their masters in the leftist democrat party. Proper, moral, legal, or just procedure and process is out the window. They might as well be located in Venezuela in a satellite office of the Kremlin for what they do. They are the ultimate goat shafting kangaroo court, and the Eunuchs of SCOTUS stand idly by playing with themselves.

[AlmostHeaven]

My understanding is the motions panel stayed Benitez' ruling pending appeal and ordered no delays to the merits panel, which they promptly ignored.

Now they are going to hold pending Duncan, so they can use the atrocious Duncan ruling to destroy Miller.

SCOTUS decision to GVR Bianchi and Duncan will do more damage to the 2A than Bruen did to help. Duncan GVR was supposed to be a chance for the 9th to get it right. Instead, they turned it into a poison pill that will demolish gun rights in CA for years to come.

Remanding the much higher-profile social issues of national significance, assault weapons bans and high-capacity magazine bans, constituted a massive miscalculation by the originalist members of the Supreme Court.

[Bhobbs]

Remanding the much higher-profile social issues of national significance, assault weapons bans and high-capacity magazine bans, constituted a massive miscalculation by the originalist members of the Supreme Court.

I seriously hope they learned from this.

The circuit courts don?t deserve any more chances. They should basically be stripped of any power to rule on gun cases.

[7.62mm_fmj]

I seriously hope they learned from this.



The circuit courts don?t deserve any more chances. They should basically be stripped of any power to rule on gun cases.

The inferior courts are well aware that these cases were not GVR'd so they can rule against plaintiffs yet again.

[Bhobbs]

The inferior courts are well aware that these cases were not GVR'd so they can rule against plaintiffs yet again.

The 4th and 9th have demonstrated they will do whatever it takes to rule against the plaintiffs. The 9th taking Duncan en banc as a comeback case and the 4th taking Bianchi on an internal en banc request before the 3 judge panel ruled were not done in good faith. They did it to ensure the plaintiffs lose.

[AlmostHeaven]

The inferior courts are well aware that these cases were not GVR'd so they can rule against plaintiffs yet again.

The liberal judges are well-aware, yet the decisions will nonetheless go in favor of upholding gun control statutes.

[TruOil]

I don?t pretend to understand all the mechanics but I?ve been told the 9th can?t remand it to itself, only back down to the district court. I guess we?ll have to wait and see.

In this rather bizarre circumstance it can. If it decides that it does not have jurisdiction, then it declares that the transfer was "improvidently granted" and void, after which it returns to the status it had at the time of the filing of the notice of appeal. Thereafter, the clerk will randomly select a three judge panel selected to decide the appeal.

[Bhobbs]

Miller has been held pending Duncan. The failure by Supreme Court to rule on Bianchi and Duncan continues to haunt us.

[abinsinia]

Miller has been held pending Duncan. The failure by Supreme Court to rule on Bianchi and Duncan continues to haunt us.

Here is the filing,

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1706314902/2024.01.26_061_ORDER_Staying_Case.pdf?1706314902

[Elgatodeacero]

These 9th Circuit judges are overtly hostile to the Constitution, absolutely shameful. The nonsense reasoning, the endless delays, and the flat refusal to honor Bruen and Heller are very disappointing.