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Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24
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Another 17 minutes?Comment
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There's no way to know what time (or date) Judge Benitez will release his decision. One would think it would be during business hours, but we've also seen the state submit it's briefs close to, or even after midnight of the deadline date. Unfortunately court listener doesn't list the time something was filed, only the date (AFAIK). Though IIRC, the original judgement for Duncan was released in the afternoon. Either way it's been over a month now since the parties filed their briefs, so I would expect something any day now.Comment
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Is it certain that Benitez will issue his opinion in March?
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He will do it when he thinks he has covered every angle and every scenario the state might try to work around it.
So it may take some time to get it prefect. An we want it to be because it's better he do it now rather than have to fight it later / againsigpicComment
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There's no way to know what time (or date) Judge Benitez will release his decision. One would think it would be during business hours, but we've also seen the state submit it's briefs close to, or even after midnight of the deadline date. Unfortunately court listener doesn't list the time something was filed, only the date (AFAIK). Though IIRC, the original judgement for Duncan was released in the afternoon. Either way it's been over a month now since the parties filed their briefs, so I would expect something any day now.
He will do it when he thinks he has covered every angle and every scenario the state might try to work around it.
So it may take some time to get it prefect. An we want it to be because it's better he do it now rather than have to fight it later / againsigpicComment
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Agreed we don't want him publishing something that's prefect.Comment
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He could do that, but that won't stop the Ninth from concluding, "Nah, we disagree." I mean really, all you have to look at is its ridiculous opinion in Young v. Ohio that concluded that notwithstanding the clear language of the Second Amendment, there was no right to bear arms off of one's own property. Speaking an an attorney, the decision was a travesty of logic, misapplied and misquoted applicable ancient laws, ignored the historical discussion in Heller, and ran roughshod over the rights of Americans. Despite the warnings of Bruen, I wold not put it past them to do it again when his decision reaches them, as the Second appears poised to do on its review of the preliminary injunctions in the NY CCW restrictions cases.Comment
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He could do that, but that won't stop the Ninth from concluding, "Nah, we disagree." I mean really, all you have to look at is its ridiculous opinion in Young v. Ohio that concluded that notwithstanding the clear language of the Second Amendment, there was no right to bear arms off of one's own property. Speaking an an attorney, the decision was a travesty of logic, misapplied and misquoted applicable ancient laws, ignored the historical discussion in Heller, and ran roughshod over the rights of Americans. Despite the warnings of Bruen, I wold not put it past them to do it again when his decision reaches them, as the Second appears poised to do on its review of the preliminary injunctions in the NY CCW restrictions cases.Comment
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