Tea Leaf Reading on St. Benitez Timing????

[Dvrjon]

Does anyone have any thoughts on whether the PI in Illinois (judge McGlynn) might impact Benitez' thinking, or maybe I should say Benitez' writing?

Would there be any advantage to covering the same points in California, since we now know the thinking in Illinois, even though that case is clearly at a much earlier stage?

Four posts above yours:

I doubt a preliminary injunction in one case can be used as a reference for a decision in another, especially in a different jurisdiction.

It has no impact. It isn't a ruling on the merits of the case. It's not precedential and it's not citable. It merely indicates that, for this judge, given the evidence presented to him at this time, the Plaintiffs have cleared the federal hurdles for obtaining the injunction.

Judge McGlynn's Decision

CONCLUSION
Plaintiffs have satisfied their burden for a preliminary injunction.

They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor.[]

Again, the Court's ruling today is not a final resolution of the merits of the cases.

Emphasis Added.

[chris]

The ruling is not out yet, last time I checked. He denied the state requested extension of the prep time to put together the historical evidence, while his own analysis of the evidence provided takes way longer. Do you believe state is not going to stress it out in the appeal? Benitez declared a speedy trial, he should adhere to his vows.

The state is absolutely stressing these cases. There are 30+ years of gun control on the line. They cannot lose if they do it will an admission of guilt and lies for 30+ years that gun control is what actually saves lives.

Newsom personally has a dog in this fight a couple of his Prop 63 laws are on the line.

I want the state to stress so much they have an aneurism or a debilitating stroke.

[GetMeCoffee]

...
I want the state to stress so much they have an aneurism or a debilitating stroke.

Would any of us actually be able to tell the difference?

[Chewy65]

Four posts above yours:It has no impact. It isn't a ruling on the merits of the case. It's not precedential and it's not citable. It merely indicates that, for this judge, given the evidence presented to him at this time, the Plaintiffs have cleared the federal hurdles for obtaining the injunction.

Judge McGlynn's DecisionEmphasis Added.

It is not precendental, but I believe it can be cited for its pesuasive vallue and know of at least one recent 2A 9th Circuit DC case in which a 4th Circuit District Court Memorandum Opinion was cited and quoted in a motion for a PI.

[gobler]

Mark Smith brought up a good point. Benitez is writing 4, 100+ pages of extremely important decisions that have to be iron clad. All with footnotes, annotated etc. Plus all the other cases he's working on that aren't 2A related.

Sent from my SM-G998U using Tapatalk

[1911su16b870]

Mark Smith brought up a good point. Benitez is writing 4, 100+ pages of extremely important decisions that have to be iron clad. All with footnotes, annotated etc. Plus all the other cases he's working on that aren't 2A related.

Sent from my SM-G998U using Tapatalk

+1 yes indeed...this is like a Ph.D. dissertation thesis and only the first and only time submitted for review to the faculty advisors!

[tenemae]

Benitez is writing 4, 100+ pages of extremely important decisions that have to be iron clad.

Also add to that the high probability that these cases are going back up to SCOTUS. It's possible that, like Thomas on Bruen, Benitez considers these his magnum opus. Give the man the time he wants to write his legacy

[AlmostHeaven]

Also add to that the high probability that these cases are going back up to SCOTUS. It's possible that, like Thomas on Bruen, Benitez considers these his magnum opus. Give the man the time he wants to write his legacy

I'm all for Judge Benitez's Second Amendment opinions being as flawless, perfect, and immaculate as possible, but it is sad that the Ninth Circuit will almost certainly cr*p all over them regardless.

Additionally, Bianchi in the Fourth Circuit might end up reaching the Supreme Court first and putting a 12+ month hold on all of the California gun rights cases (for like the 3rd time).

[boomer8800]

[SpudmanWP]

I'm all for Judge Benitez's Second Amendment opinions being as flawless, perfect, and immaculate as possible, but it is sad that the Ninth Circuit will almost certainly cr*p all over them regardless.

The 9th krapping on the ruling is more reason to get it perfect as it would just give us more ammo for the appeal.

[1911su16b870]

https://www.supremecourt.gov/docket/docketfiles/html/public/22A948.html

This is one remedy currently from the 7th circuit that could be used in the 9th if the appellate court gets it wrong based on NYSRPA v Bruen and Heller.

[TruOil]

https://www.supremecourt.gov/docket/...ic/22A948.html

This is one remedy currently from the 7th circuit that could be used in the 9th if the appellate court gets it wrong based on NYSRPA v Bruen and Heller.

Umm, no. Benitez will enter a final judgment on the merits, not an order on an application for a preliminary injunction, and so it will follow the normal appellate course after that. It won't get to the Supreme Court for a few years.

[19K]

Mark Smith brought up a good point. Benitez is writing 4, 100+ pages of extremely important decisions that have to be iron clad. All with footnotes, annotated etc. Plus all the other cases he's working on that aren't 2A related.

Sent from my SM-G998U using Tapatalk

+1 yes indeed...this is like a Ph.D. dissertation thesis and only the first and only time submitted for review to the faculty advisors!

To be fair his staff probably writes most of the first second and third drafts and he gets the final say.

[Bhobbs]

Umm, no. Benitez will enter a final judgment on the merits, not an order on an application for a preliminary injunction, and so it will follow the normal appellate course after that. It won't get to the Supreme Court for a few years.

I doubt any of Benitez’ rulings make it to SCOTUS, well maybe the ammo case. AWBs and mag bans will probably be handled by Bianchi and the 7th circuit. Benitez hasn?t even gotten his rulings out and the 9th will slow walk these cases as much as possible.

[WithinReason]

To be fair his staff probably writes most of the first second and third drafts and he gets the final say.

ChatGPT!