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

[AlmostHeaven]

This is not grade school summer recess where everybody scoots for 2 months. The Work of the Court continues. (Last Sentence):

Thanks for the document. I had incorrectly believed that during the period of time between Supreme Court sessions, the Court stops accepting any petitions for certiorari or hearing any motions such as emergency appeals.

Now, I see that we would still be able to appeal Ninth Circuit stays, which is good, because I am pretty sure that we are going to have to do exactly that.

[Elgatodeacero]

I am starting to suspect that Judge Benitez is writing a magnum opus analyzing the entire catalog of relevant historical period laws in the context of the 3-4 big cases he has relating to the 2nd Amendment. This might take a while!

[tenemae]

I am starting to suspect that Judge Benitez is writing a magnum opus analyzing the entire catalog of relevant historical period laws in the context of the 3-4 big cases he has relating to the 2nd Amendment. This might take a while!

It's either that, or he's waiting for a favorable appeals panel

[SpudmanWP]

He might. Ultimately, that is a waste of time.

Remember that the tighter and more thorough his ruling, the harder time the 9th will have Staying or overturning it. The more twisted the 9th's logic ends up being, the more likely SCOTUS will intervene.

[homelessdude]

I don't think he has a side as you put it. Unless the Bill of Rights and the Constitution is a side.

[Mayor McRifle]

I am starting to suspect that Judge Benitez is writing a magnum opus analyzing the entire catalog of relevant historical period laws in the context of the 3-4 big cases he has relating to the 2nd Amendment. This might take a while!

It's either that, or he's waiting for a favorable appeals panel

Or he actually has a lot of other work to do, as well.

[Bhobbs]

Remember that the tighter and more thorough his ruling, the harder time the 9th will have Staying or overturning it. The more twisted the 9th's logic ends up being, the more likely SCOTUS will intervene.

There is nothing he can write that will keep the 9th from staying or overturning his opinion.

[SpudmanWP]

Again, it's not to prevent the 9th but to provide ammo for the appeal thereof.

[bruss01]

There is nothing he can write that will keep the 9th from staying or overturning his opinion.

Probably true, but there is a substantial amount he can write that will make them look like pathological liars and/or delusional idiots if they do in fact reverse his decision. Which sets us up for a big win on the appeal to SCOTUS. That SCOTUS decision will be landmark and will likely contain quotes from Benitez's ruling which will be studied in law schools and cited in future cases for decades to come. If I were him I would be crafting a masterpiece worthy of such of attention.

Again, it's not to prevent the 9th but to provide ammo for the appeal thereof.

Bingo!

[Bhobbs]

I p

Again, it's not to prevent the 9th but to provide ammo for the appeal thereof.

Even if that was true, other cases have passed his by. The Illinois cases already cover AWBs and LCMs and that?s already at the circuit level. Bianchi has already been heard by the 4th circuit.

He could be writing the greatest opinion ever but it doesn?t matter if he never gets it out, or other cases settle the matter before he does.

[SpudmanWP]

No other case has "passed him by", especially in the 9th.
There are a few others that are past the PI stage, but these are final rulings.

Not only that, but Duncan is a GVR from SCOTUS and the rest are all remanded from the 9th to rehear based on the Bruen changes.
These are currently the most litigated 2A cases currently on any docket.

[Bhobbs]

Duncan isn’t any more litigated than Bianchi. Miller didn’t even get a ruling by the 9th.

[SpudmanWP]

Duncan History:

1. Had a full trial, which it won
2. Had a 3-Judge panel appeal, which it won
3. Had an En Banc review, which it lost
4. Got GVRd by SCOTUS
5. Was reviewed & remanded by the 9th
6. Had ANOTHER trial
7. Will get a Final Ruling at the trial level soon.

Here is what Bianchi has had:

1. Never had a trial but was dismissed for "failure to state a claim"
2. 4th Circuit affirmed the dismissal on briefs alone, no oral arguments.
3. Got GVRd by SCOTUS
4. 4th Circuit held Oral Arguments (3-Judge panel) to either kick it back to the District for a full trial or decide the case based on the briefs and a single Oral Argument session.

Duncan has clearly been litigated to a much higher degree than Bianchi.

btw, the 4th held Oral Arguments on Dec 6th, 2022. I don't want to hear any more krap from anyone about Benitez taking 3+ months with his FOUR cases when the 4th has taken over SIX and a HALF MONTHS to rule on just ONE.

[SkyHawk]

The tea leaves have gone stale and moldy.

[Skip_Dog]

Two more weeks.