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

[Dvrjon]

https://www.youtube.com/watch?v=7LYpvIjJwzQ&t=5s

I dont know, this guy has a lot of contacts in that area.

And, he was wrong. Benitez holding his decision to coincide with an assault weapons ban on the anniversary of the Columbine shooting? The whole idea was stupid.

That YouTube is pure clickbait because he has nothing to discuss due to Benitez’ diligent work on these cases. He has to keep publishing stuff to maintain his web base (he posted; his subscribers hit the link; his view count went up; his revenues increased). If he doesn’t post, he doesn’t get paid…he’s a lawyer.

[DrewN]

I find the idea Benitez somehow using his ruling to stick it to the libs to be exactly the type of thinking we don't want.

[Rickybillegas]

I find the idea Benitez somehow using his ruling to stick it to the libs to be exactly the type of thinking we don't want.

Agreed.

Hope he will rule with the utmost thoroughness, without prejudice and according to the true dictates of the Constitution, and Bruen rulings.
Whatever time it takes.

[WithinReason]

Agreed.

Hope he will rule with the utmost thoroughness, without prejudice and according to the true dictates of the Constitution, and Bruen rulings.
Whatever time it takes.

Agreed!!!

[Bhobbs]

Agreed.

Hope he will rule with the utmost thoroughness, without prejudice and according to the true dictates of the Constitution, and Bruen rulings.
Whatever time it takes.

Whether he does or not is irrelevant. His ruling will have zero impact. The 9th will stall and SCOTUS will allow this to drag on indefinitely. He could write for years or just write ?it?s wrong because I say so?, both will be equally effective.

[Zilla]

You are right. The Armed Round Boy is another click bait time sucker. These guys are like empty carts going over a bad road; they make a lot of noise but they are not hauling anything.

You are totally right, my juice is from you from now on

[Zilla]

I find the idea Benitez somehow using his ruling to stick it to the libs to be exactly the type of thinking we don't want.

I totally agree. No activist judges period! Fire them on both sides!

[Ca2AZ]

T-40 minutes until Good Friday.. Or two more weeks

[bruss01]

Benitez shot down the state's request for the hearing delay. Yet, he delays the ruling. It's not helping the cause.

Jeez, what proof do you have that Judge Benitez is delaying his ruling? It will take as long as is needed to write a solid decision. Most of us want it done, but I have seen nothing to say it is purposely being delayed.

Agreed Sgt Raven... he knows that the 9th Circuit is jam-packed with many judges who are just as smart as he is, but who are determined to twist the facts to produce the decision they have already decided sight-unseen.

This is a bit like a math test... He has to craft a decision that not only comes up with the correct answer, but has to "show his work" in such a way that to try to reach any alternate conclusion one would have to distort all reason and legal analysis to an absurd degree, which would be instantly seen through by any competent jurist regardless of their political beliefs.

That's what is taking the time... making the decision bullet-proof so that the 9th look like fools or idiots if they reverse it.

[tenemae]

The case can absolutely be appealed to the 9th circuit, and the 9th can not reject the appeal. So the issue will at the earliest be resolved there, and not by Judge Benitez. Whether the Supreme Court then takes the case is anyone's guess, but statistics tells us that it likely won't, since most cert petitions are rejected.

Whether SCOTUS takes this is entirely dependent on the 9th. SCOTUS handed down a very clear mandate which I'm certain Benitez will rule in accordance with. If the 9th overturns any of his rulings, that's a slap in the face SCOTUS can't ignore. Benitez lagging is just him making sure his rulings will be absolutely in compliance with Bruen, Heller and Miller so there can be no mistaking that Benitez is upholding Supreme Court precedent. It's painful waiting and it sucks, but it's absolutely necessary.

[Sgt Raven]

Not just "drag on indefinitely". The case can absolutely be appealed to the 9th circuit, and the 9th can not reject the appeal. So the issue will at the earliest be resolved there, and not by Judge Benitez. Whether the Supreme Court then takes the case is anyone's guess, but statistics tells us that it likely won't, since most cert petitions are rejected.

What are the statistics on cases that have previously been GVR'd? Duncan puts the inferior Courts in a unusual position.

[Dvrjon]

If he makes persuasive legal arguments, the 9th circuit judges will read them, and may follow them.

The Court of Appeals doesn’t follow Benitez. They evaluate whether the process Benitez used to reach a Decision was appropriate and then, to their understanding, properly applied. Since THT is the newly approved yet untested process, everything is unsettled.

The question will be whether Benitez made errors in interpretation or application. That?s why the Decision has to be comprehensively written.

Additionally, Benitez has other cases before him on GVR which need to show consistent application between them as well as other court cases (some out of his own district - - Sabraw). Any deviations will be cast as inconsistencies proving error.

Benitez, through his insistence on a detailed listing of allegedly relevant historical laws for his cases, has the ability to craft a framework which could become the baseline for ongoing and future THT reviews.

All of that takes time.

[DolphinFan]

I appreciate his taking time to craft a decision that can not be contested or circumvented.

I think the wait will be worth it.

Patience is a virtue has never been more true

[SteveH]

Is there any reason t release all his rulings at once?

[Dvrjon]

Is there any reason t release all his rulings at once?

Con:
-It would provide a complete body of work from which defendants can glean purported inconsistencies for appeal.
-The YouTube gun gurus don’t have the time, patience or bandwidth to review and analyze all of the information and provide valid discussion. But, they will dump piles of click bait updates to keep their streams alive and their income up.

Pro:
-It provides a complete body of work on Benitez’ (and other judges’) thinking regarding THT on various 2A issues.
-It will shut down the ongoing patter about when the next decision will come down.