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

[Paul49]

Or just copy and paste substituting assault weapon with standard capacity magazine…..

Or maybe “Find and Replace”?

[Mithrandir13]

democrat villains will delay and delay until SCOTUS is stacked to their liking...
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[IronsightsRifleman]

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.

SCOTUS GVRd these cases to the 9th. It was the 9th decision to send them back to Benitez. I am no expert, but couldn't the plaintiffs make a strong case that the 9th Circuit relinquished their rights to hear any further appeals in doing so?

[Drivedabizness]

IANAL but 9CA was within their rights to send back to Benitez - but only to retry facts under the new standard of THT (which he has tried to do).

If/when he comes back with the solid ruling based on those facts, that we all expect, we can only hope SCOTUS steps in when the 9CA follows their pattern of disregarding 2A rights.

[Bhobbs]

SCOTUS GVRd these cases to the 9th. It was the 9th decision to send them back to Benitez. I am no expert, but couldn't the plaintiffs make a strong case that the 9th Circuit relinquished their rights to hear any further appeals in doing so?

Sure, it was their right but they didn?t do it to get a clean slate and do the historical analysis. They did it to stall the inevitable fall of the AWB.

[michigander]

SCOTUS GVRd these cases to the 9th. It was the 9th decision to send them back to Benitez. I am no expert, but couldn't the plaintiffs make a strong case that the 9th Circuit relinquished their rights to hear any further appeals in doing so?

SCOTUS only GVRd Duncan. The other cases were in varying stages of review at the 9th.

[TruOil]

SCOTUS GVRd these cases to the 9th. It was the 9th decision to send them back to Benitez. I am no expert, but couldn't the plaintiffs make a strong case that the 9th Circuit relinquished their rights to hear any further appeals in doing so?

No, it has not waived anything. Since it went back to the trial court for a retrial/reconsieration, it will be a new judgment that will follow the usual appellate path after Benitez issues his judgment.

[Drivedabizness]

It's Friday...I'm hoping for today at 4:58 pm.

[ritter]

If I were releasing opinions, I'd now be waiting until after SCOTUS responds to the Illinois/CA7 AWB fiasco. If SCOTUS makes a substantive response (big if), there may be some real nuggets to include for CA9's viewing pleasure when reviewing the stay requests Bonta will file.

[DolphinFan]

Well it?s Friday and it?s Cinco De Mayo.
Maybe he will give us another reason to toast the margarita 🥂🙏

[Rickybillegas]

democrat villains will delay and delay until SCOTUS is stacked to their liking...
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They are along with compliant media trying to (false) scandal Thomas to bits.
And his wife too. Pressuring him to resign
I doubt that he will. He's way too strong an individual to bow to their pressure.
The other conservative justices are way too young and have many years ahead of them. As long as we keep them from overcoming a filibuster, court packing won't happen either.

[tenemae]

If I were releasing opinions, I'd now be waiting until after SCOTUS responds to the Illinois/CA7 AWB fiasco. If SCOTUS makes a substantive response (big if), there may be some real nuggets to include for CA9's viewing pleasure when reviewing the stay requests Bonta will file.

Given that Miller was GVR'd once already, I suspect you're right. This could be a long spring.

[SpudmanWP]

Duncan was GVR'd, not Miller.
Miller was being held pending Bruen at the 9th and was never heard at the 9th.
Miller was remanded by the 9th after Bruen GVR'd Duncan.

[AlmostHeaven]

Bianchi v. Frosh is the assault weapons ban case that the Supreme Court GVRed after Bruen, so the confusion is understandable.

Bianchi challenges the Maryland assault weapons ban in the Fourth Circuit. We are still painfully waiting for the decision on that, so that it can then be appealed back up to SCOTUS.

[SpudmanWP]

Another Friday.... come & gone