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

[gunuser17]

By 9th Circuit rule: Disclosure of Judges on Panels. The names of the judges on each panel are released to the general public on the Monday of the week preceding argument. At that time, the calendar of cases scheduled for hearing posted on the Court’s website is updated to include the names of the judges. This permits the parties to prepare for oral argument before particular judges. Once the calendar is made public, motions for continuances will rarely be granted.

A common way for judge disclosure in federal appellate courts I believe.

[1911su16b870]

Thanks...we don't yet know the panel on the appeal court per this link (CRPA discussing Renna and Boland):

https://youtu.be/x1kgwRe2rlw?t=472

[michaelh1951]

The Washington Gun Law channel on You-tube just published a theory on this....They predict Washington's new restrictions will be passed April 20, anniversary of Columbine, and that they will have a huge photo-op signing party that very day.

They speculated that Benitez is waiting for the bill to pass, and that he will rule before Washington's governor can sign, thus handing him a steaming pile to deal with.

HAHAHAHA if so!!!

[tenemae]

They speculated that Benitez is waiting for the bill to pass, and that he will rule before Washington's governor can sign, thus handing him a steaming pile to deal with.

How does a California District Court have any bearing on what Washington State can do?

[trackhazard]

[Sgt Raven]

How does a California District Court have any bearing on what Washington State can do?

California and Washington are both in the 9th Circuit. Judge Benitez's ruling can be Persuasive in other 9th Circuit District Courts. New laws could be stayed pending the outcome of Miller v Bonta in the 9th Circuit Court, too.

[ojisan]

9th Circuit area of jurisdiction.

[tenemae]

California and Washington are both in the 9th Circuit. Judge Benitez's ruling can be Persuasive in other 9th Circuit District Courts. New laws could be stayed pending the outcome of Miller v Bonta in the 9th Circuit Court, too.

Right. But that process takes a LOT of time and any rulings will be stayed pending appeal to the 9th, en banc if need be. And if you've been paying attention, the full 9th has never ruled favorably to 2A. So even if Benitez drops a ruling overturning the AWB in CA, that means nothing to Washington until the 9th steps in and upholds his ruling instead of overturning it.

Or am I wrong and a California district court actually does have jurisdiction in Washington?

[BAJ475]

Right. But that process takes a LOT of time and any rulings will be stayed pending appeal to the 9th, en banc if need be. And if you've been paying attention, the full 9th has never ruled favorably to 2A. So even if Benitez drops a ruling overturning the AWB in CA, that means nothing to Washington until the 9th steps in and upholds his ruling instead of overturning it.

Or am I wrong and a California district court actually does have jurisdiction in Washington?

You are not wrong but a well-written opinion by Judge Benitez is just another arrow in the quiver of those who will be filing lawsuits to enjoin Washington's new anti 2A gun laws.

[CurlyDave]

The Washington Gun Law channel on You-tube just published a theory on this....They predict Washington's new restrictions will be passed April 20, anniversary of Columbine, and that they will have a huge photo-op signing party that very day.

They speculated that Benitez is waiting for the bill to pass, and that he will rule before Washington's governor can sign, thus handing him a steaming pile to deal with.

HAHAHAHA if so!!!

As much as I want to believe the Washington Gun Law channel, my brain is telling me it is nothing but click bait.

I think Benitez is going to deliver up all of his rulings at the same time and they will be very carefully crafted. He knows perfectly well that when SCOTUS told the 2CA plaintiffs the door was open to come back, their words were also directed to the 9CA.

He has a real chance to influence history and he is making his rulings every bit as good as he can.

A 9CA stay will be promptly appealed to SCOTUS, and hopefully NYSRPA will be enforced.

[ritter]

Most likely, he's waiting to determine who at CA9 is hearing appeals. If it ends up being favorable, he'll issue. If not, he'll wait a month(s) in hopes of a better CA9 panel.

[G-forceJunkie]

That doesnt matter at all, it would just go enbanc and we would loose. Stalling is just going to take more time till we get it the Supreme Court.

Most likely, he's waiting to determine who at CA9 is hearing appeals. If it ends up being favorable, he'll issue. If not, he'll wait a month(s) in hopes of a better CA9 panel.

[Dvrjon]

This more complex than just one decision in one case. All of Benitez’ cases are intertwined. They all hinge on the new criteria of THT, and the logic of each has to mesh with the others. If an over-reach/under-reach or misconception/loophole appears in one, the others will be suspect.

They need the time to ensure that the individual cases stand on their own and also that the process and logic followed in each is internally valid for all.

[SpudmanWP]

Not to mention all of the crap that CA thew against the wall that Benitez has to research, with context.

[Sgt Raven]

That doesnt matter at all, it would just go enbanc and we would loose. Stalling is just going to take more time till we get it the Supreme Court.

It depends on which 9th Circuit Active Judges are randomly picked for the En Banc Panel. The only one we know will be on the Panel, is the Chief Judge.