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

[curtisfong]

It makes me ask why Bonta pushed for the emergency motion. What does Bonta know that we don't.

IMO you are reading into this more than you have to. I think it's purely theater, to show that CA is doing something, anything, to save the children. Newsom needed to look tough, Bonta is his lackey.

I don't think it is of any legal relevance whatsoever. It costs them nothing to file, will not have any negative repercussions, and Newsom can say CA is trying hard to save lives.

Disclaimer: IANAL.

[BeAuMaN]

IMO you are reading into this more than you have to. I think it's purely theater, to show that CA is doing something, anything, to save the children. Newsom needed to look tough, Bonta is his lackey.

I don't think it is of any legal relevance whatsoever. It costs them nothing to file, will not have any negative repercussions, and Newsom can say CA is trying hard to save lives.

Disclaimer: IANAL.

I could totally be reading too much into it, but my sense is that the court gets annoyed when you file unnecessary motions. I could be wrong though. I imagine some litigators are given more leeway than others (like the state).

[curtisfong]

I imagine some litigators are given more leeway than others (like the state).

The court already has a proven track record of autonomously fixing defects in the State's activities/filings/strategy when it comes to 2A cases, without anyone having to request it.

Given the right court makeup, the State seems to have nearly infinite leeway.

[rplaw]

I could totally be reading too much into it, but my sense is that the court gets annoyed when you file unnecessary motions. I could be wrong though. I imagine some litigators are given more leeway than others (like the state).

An annoyed court will still always decide in your favor if you have the correct ideology.

This doesn't always mean political ideology either. I once had an appeal case where the cops invaded my client's home without a warrant, then tried to cover it up by saying welfare check because my client, standing in the kitchen cooking, was ignoring them so they (literally) broke in through the sliding glass door to verify that he was ok. And then proceeded to drag him physically outside where they questioned him about a misdemeanor DUI without reading him his Rights.

Case law is clear, misdemeanors don't fall under the felony warrant exception from the 4A and especially not when the basis for the warrantless entry is pretextual. Court didn't care. Why? Because the ideology is to put/keep people in jail and the law be damned.

Yeah, that really happened. It also makes you understand why 2A cases are so hard to win.

[abinsinia]

No movement today (as of right now), and tomorrow is a new federal holiday.

[bigb0886]

[abinsinia]

I had the same misunderstanding .. I think the only deadline in July 4.

I guess California requested action by June 18th.

[John Browning]

If Juneteenth means that the CA DOJ can't get their emergency whatever and we get an AW repeal...I will celebrate Juneteenth.

[HibikiR]

Depends on how the 9th conducts business. The Emergency Stay requires a panel meet and make a ruling.

If the panel doesn't meet then there can be no ruling, so one of the theories out there is that the 18th would be the last time the panel can meet (according to their published schedule) before July 4th.

[bigb0886]

[Ishooter]

If Juneteenth means that the CA DOJ can't get their emergency whatever and we get an AW repeal...I will celebrate Juneteenth.

Lol

[taperxz]

I had the same misunderstanding .. I think the only deadline in July 4.

I guess California requested action by June 18th.

[curtisfong]

I'm very skeptical of this claim. Sidney Thomas et al have shown they're more than happy doing exactly what the DoJ wants them to do.

[The Tiger]

On Friday, June 18, 2021, the United States District Court, in Los Angeles, Santa Ana and Riverside, will be closed in recognition of Juneteenth National Independence Day.

Normal service will resume on Monday, June 21, 2021.

http://www.cacd.uscourts.gov/news/juneteenth-national-independence-day-2021

[Bruce3]

Looks like the 21st will be the new 18th.
https://www.ca9.uscourts.gov/content...2021%2C%202021.