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

[CandG]

Yep. That's part of the problem. While we have some alright odds of getting 6 friendlies given the Ninth isn't quite as hard left as it used to be, we automatically start down 1-0 and have to get 6 of the remaining 10 spots.

The bigger problem is that the 10 other judges are chosen at "random", not at random. The quotes are important here.



The odds of flipping "heads" on a coin toss are infinitely better if nobody is watching you and you can keep flipping the coin until you get "heads".

The method by which Sydney Thomas "randomly" selects his panels is completely opaque, nobody knows how it is done, and AFAIK nobody oversees it to ensure true randomness or elimination of bias.

[jwkincal]

The method by which Sydney Thomas "randomly" selects his panels is completely opaque, nobody knows how it is done, and AFAIK nobody oversees it to ensure true randomness or elimination of bias.

http://cdn.ca9.uscourts.gov/datastore/uploads/rules/rules.htm#pID0E0YJ0HA

I'd concede that it's not as "transparent" as we'd perhaps prefer, but it isn't exactly a mystery. The clerk puts all the eligible Judge's names into a basket, then draws them out until there are 10. Some Judge (any Judge) watches.

Foolproof? No. Random? Yes, if the rules are followed. Subject to corruption? Of course, but so is every other part of the process. Worth risking a career on a single case about a single issue? Doubtful.

[ShadowGuy]

That is just a notice to Benitez's court that says "we filed an appeal with the 9th". It isn't the actual appeal; the appeal itself hasn't been posted online yet.

Thanks! It will be interesting on what grounds they will claim to have standing on the appeal. Given the complacency of the CA9 on with the state, I wonder how weak of a reason it will be.

[Full Clip]

Question: If California loses with the 9th, then does that mean any state in the 9th's jurisdiction can expect freedom (or sue for it) from AW bans too?

No, it means CA will take it to SCOTUS before that happens.
No way d-bag Newsome will back off this.

[HibikiR]

How long does it usually take for the actual appeal doc to appear?

[????? ????]

Is an appeal a separate legal thing from an application for a stay?

[SkyHawk]

Here is the full press conference if you can stomach it

https://www.youtube.com/watch?v=-8hXfRniGhY

[abinsinia]

There are some new documents filed. Case schedule and docket number it looks like.

9th circuit docket number 21-55608

[Betfair39]

Here is the full press conference if you can stomach it

https://www.youtube.com/watch?v=-8hXfRniGhY

lol she says judge is handpicked by NRA??? is this even legal in america to accuse judges and the 9th circuit like that?

[Tere_Hanges]

Here is the full press conference if you can stomach it

https://www.youtube.com/watch?v=-8hXfRniGhY

Haha, save it for the judge morons. I really hope we get a fair shake at SCOTUS but Im not holding my breath.

[kuug]

Probably not going to matter actually. People are overlooking that Rupp v. Becerra is way ahead of this case. It already has been assigned a panel and has been briefed and argued. It's just stayed pending Duncan.

Presumably, Rupp will get decided first and be controlling on Miller.

https://crpa.org/news/blogs/californ...or-gun-owners/

Rupp is challenging different sections of the penal code. PC 30510, 30520, and 30925. Miller is challenging PC 30800, 30910, 30915, and 31000. They're completely different lawsuits.

[press1280]

En banc is actually 11 judges. Sydney Thomas+10 "randoms"

I believe Sidney Thomas' term expires this year (7 year term as chief). It would then go to (by my calculation) Kim Wardlaw until 2024 when she turns 70 and is then barred by circuit rules. After that it goes to the younger Obama judges as all other appointees from Clinton and Bush will be too old.
So it looks like we'll be always spotting the other side 1 judge for all en banc cases for a while.

[BAJ475]

Here is the full press conference if you can stomach it

https://www.youtube.com/watch?v=-8hXfRniGhY

Was easy to stomach. Actually had me grinning on how full of BS they are. Of course, I am not subject to any of their BS.

[HKAllTheThings]

Didn't realize until that video that Judge Benitez pulled the vaccine death equivalence thing.

You so crazy Beni

[pacrat]

[1] ... Hawaii just bans assault pistols. AR style rifles are not banned. [2] ... They are banned in CA if not registered and registration is closed. That is as close to a per se ban as I can imagine.

[1] ... OK my news source was lacking on the Hi ban. I admit I don't closely follow any AW stuff. But fully support any non prohibited person from having any damn thing they want.

[2] ... Ca is not quite banned. Even thought they call it that. Neutered ARs can still be legally bought/possessed, as long as it complies with "features".

It's all semantics. But the devil is in the details.