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

[CGZ]

Mark Smith has a good video on this issue. Something along the lines of they don't like nation wide injunctions.



Lets see how SOCTUS rules on Rahimi. Oral arguments are next month, so let's see what questions are asked.

[G-forceJunkie]

I?ll take a bet for fun, $100, but the loser will donate it to FPC. I say they won?t grant a stay by midnight on the 29th. Anyone wants to take the bet let me know.

Time to write some checks

[SpudmanWP]

No, they didn't step in.

The anti gun judges are dismantling Bruen the same way they dismantled Heller with the "two step analysis" and SCOTUS is allowing it to happen.

Heller and Bruen were both "step in" cases where they granted cert for a motion (as opposed to an appeal) instead of sending it back down with instructions.

As far as today, SCOTUS can only rule on what's in front of them and there have not been any post-Bruen cases that have gotten to them. Bianchi had perhaps the best chance given that the 4th did not remand, but they have been sitting on their hands since last December. Now it looks like Duncan will reach there first since the 9th's En Banc panel grabbed it from the 3-Judge panel.

The Circuit court's job is to make corrections from the District Judge and SCOTUS corrects the Circuits. SCOTUS cannot make a "correction" until the Circuit makes a ruling or a clear mistake in the process.

[Bhobbs]

Heller and Bruen were both "step in" cases where they granted cert for a motion (as opposed to an appeal) instead of sending it back down with instructions.

As far as today, SCOTUS can only rule on what's in front of them and there have not been any post-Bruen cases that have gotten to them. Bianchi had perhaps the best chance given that the 4th did not remand, but they have been sitting on their hands since last December. Now it looks like Duncan will reach there first since the 9th's En Banc panel grabbed it from the 3-Judge panel.

The Circuit court's job is to make corrections from the District Judge and SCOTUS corrects the Circuits. SCOTUS cannot make a "correction" until the Circuit makes a ruling or a clear mistake in the process.

Fair enough, I forgot that Heller and Bruen were were motions for cert. Either way, it should be exceedingly clear the 9th should never be allowed to touch a 2A case again. Miller and Duncan are clear mistakes and clear denials of Heller and Bruen.

[tenemae]

SCOTUS can only rule on what's in front of them and there have not been any post-Bruen cases that have gotten to them. Bianchi had perhaps the best chance given that the 4th did not remand, but they have been sitting on their hands since last December. Now it looks like Duncan will reach there first

Yup. I ghosted a few years ago to work on something but Bruen brought me back in. After this confirmation in Miller and Duncan that the shenanigans Will Not End, it's time for me to ghost again and get something productive done. It'd be nice to follow the progress, but there simply is no progress. Same as it ever was, eh?

See y'all in (probably) 2025 when things start moving again.

[HibikiR]

I was expecting the Bush appointee to be on the fence........

Not the Trump appointeee.

Remember that Judge Benitez is a W Bush appointee as well, wouldn't be a stretch that another W Bush appointee could also be capable of making a good call.

[gun toting monkeyboy]

Man, some of you guys are getting way too worked up about this. Read what they actually wrote. It basically boils down to "We are keeping the stay (which we all expected) because the 9th is slow. However, we are lighting a fire under their asses, and will be having a hearing to determine if the appeal has merit within 6 weeks. Everybody turn in whatever information you think will help your case by the end of November." This isn't a betrayal. This is the court system moving slowly, exactly as it was designed to do. Benitez's ruling has not been set aside, or ruled incorrect. They are just saying that they will maintain the status quo until the actual hearing date. Because there was no physical way for the state to get an appeal done before the 10 day stay expired.

-Mb

[riderr]

Now, we know what's going to happen with every Benitez ruling. He's considered toxic in 9CA and his decisions get stayed no matter what, except we have a very favorable panel.

[SpudmanWP]

Motions panels are random.
If the En Banc had not taken the Duncan Stay request, it would have been denied.

[Elgatodeacero]

Keep in mind the accelerated briefing and argument schedule, which is very unusual especially in 2nd Amend cases, also acts to prevent Supreme Court review of the stay, because this case will be briefed and argued so fast the Supremes will not intervene to look at the stay. Politics upon politics!

[AlmostHeaven]

The Supreme Court has no 5-vote majority to intervene on an interlocutory basis.

People need to accept that until one of the lawsuits challenging high-capacity magazine bans or assault weapons bans reaches final judgment in one of the First, Second, Third, Fourth, or Ninth Circuit Courts of Appeals, the Supreme Court will not take any action.

Blame Justices Roberts, Kavanaugh, and Barrett.

[SkyHawk]

Man, some of you guys are getting way too worked up about this. Read what they actually wrote.

What they actually wrote:

the attorney general of California is likely to succeed on the merits

[glbtrottr]

Hmmm precisely as I predicted

[AKSOG]

So they are piggybacking off the weak *** arguments from the Duncan en banc? The 9th really is a kangaroo court

[pistol3]

Given that the 9th is going to rule for the state no matter what, either via a 3 judge or en banc panel, the best thing these judges can do is overturn Benitez's ruling as quickly as possible. If the 3 judge panel rules for the state, then at least we can skip having to redo the case for the en banc panel where the outcome is predetermined anyway.