Peņa v. Cid (Handgun Roster) **CERT DENIED 6-15-2020**

[TruOil]

There is no incentive for the government to rush to do anything. If the law was put on hold until it was shown to be Constitutional by ALL the courts, then you would see a much different response.

All you guys seem to think there is some kind of conspiracy to delay these cases. The fact is that the Ninth Circuit is the largest and the busiest circuit in the entire federal system. In each and every case, the judges read the entire record from below, many perform their own legal research. With a back log of cases years long, and with a statutory preference given to criminal cases, the civil cases lag behind. Moreover, in some cases, the law is suspended pending further proceedings, albeit rarely, and those cases proceed at the same pace as all the others.

Patience, grasshoppers.

[Sir Toast]

The federal District Courts don't do anything in less than 8 months in California.

[Hoooper]

All you guys seem to think there is some kind of conspiracy to delay these cases. The fact is that the Ninth Circuit is the largest and the busiest circuit in the entire federal system. In each and every case, the judges read the entire record from below, many perform their own legal research. With a back log of cases years long, and with a statutory preference given to criminal cases, the civil cases lag behind. Moreover, in some cases, the law is suspended pending further proceedings, albeit rarely, and those cases proceed at the same pace as all the others.

Patience, grasshoppers.

Curiously, the "travel ban" zipped right through the 9th circus

[EM2]

All you guys seem to think there is some kind of conspiracy to delay these cases. The fact is that the Ninth Circuit is the largest and the busiest circuit in the entire federal system. In each and every case, the judges read the entire record from below, many perform their own legal research. With a back log of cases years long, and with a statutory preference given to criminal cases, the civil cases lag behind. Moreover, in some cases, the law is suspended pending further proceedings, albeit rarely, and those cases proceed at the same pace as all the others.

Patience, grasshoppers.

In my opinion all cases with abridgment of Rights at issue the law should be suspended until resolved.

Patience is not an option when it comes to government interference with our Rights.

[kemasa]

All you guys seem to think there is some kind of conspiracy to delay these cases.
...

Please don't quote me and make things up. No one said anything about a conspiracy except you. I said that there is no reason for them to quickly get it done. The law gets to be enforced, with rare exceptions, until they decide and it also delays any appeals and getting to the SC.

As shown, they can get things through if they want, which shows that they have no incentive to get this done. Don't try to imply other things.

[Rastoff]

In my opinion all cases with abridgment of Rights at issue the law should be suspended until resolved.

Patience is not an option when it comes to government interference with our Rights.

This ^^^^^

[AdamVIP]

So do you think the judges heard the case in March and wrote their decisions and are sitting on them, or do you think they heard the case, sat around for now going on 8 months and will whip something up later when they get around to it?

They cant possibly remember anything besides the gist of the case at this point.

[IVC]

In my opinion all cases with abridgment of Rights at issue the law should be suspended until resolved.

Patience is not an option when it comes to government interference with our Rights.

True, but the rights are NOT abridged until the court determines they are, so, as we are waiting, our rights are technically intact because the court says so. That's the catch. A circular argument with no easy way around it.

It's like online shopping using overnight shipping. It's only "overnight" from the point the shipment is ready, so you end up with multiple days waiting for it. In the roster case, our item "hasn't shipped yet."

[IVC]

They cant possibly remember anything besides the gist of the case at this point.

They have all the documents and they also wrote down anything from the orals they were interested in. Orals were only to ask questions and get clarifications anyway. The legal arguments are written down by each side.

[speedrrracer]

In my opinion all cases with abridgment of Rights at issue the law should be suspended until resolved.

Patience is not an option when it comes to government interference with our Rights.

Cute, but you're not thinking. Remember, all laws are presumed Constitutional, so until a court makes the determination, they are, by default, NOT infringing on your rights.

Plus, what happens when some idiot says every single law in existence infringes on his rights? In your nightmare system, we then suspend every law, and live in the Wild West as the judicial system is forced to iterate through every law on the books, taking centuries to resolve? Yeah, bad idea and then some.

[aBrowningfan]

They have all the documents and they also wrote down anything from the orals they were interested in. Orals were only to ask questions and get clarifications anyway. The legal arguments are written down by each side.

Orals are recorded. There is most likely a transcript of the oral arguments that can be referred to.

[aBrowningfan]

True, but the rights are NOT abridged until the court determines they are, so, as we are waiting, our rights are technically intact because the court says so. That's the catch. A circular argument with no easy way around it.

It's like online shopping using overnight shipping. It's only "overnight" from the point the shipment is ready, so you end up with multiple days waiting for it. In the roster case, our item "hasn't shipped yet."

Probably hasn't even had a shipping label prepared for it.

[Drivedabizness]

You are correct. However, there IS precedent for government NOT having a blanket presumption of constitutionality. One example that comes to mind is the Voting Rights Act - where States found to have a history or rights suppression had to get pre-approval from DOJ before making new laws affecting voting rights.
This is exactly what I would like to see for the relatively few States that continue to treat 2A rights as privileges. Politically, given that 40+ States already treat those rights appropriately, I would think it would be an easy (er) political lift.
Another from here in CA is the prison system, which was put under Federal receivership. I'd like to see the same kind of thing done to the gun unit at DOJ - which would help address the under the table regs, Rube Goldberg background check system designed to prevent instant approvals and require maximum human intervention (cost) and an organization dedicated to doing the Legislatures dirty work.

[EM2]

True, but the rights are NOT abridged until the court determines they are, so, as we are waiting, our rights are technically intact because the court says so. That's the catch. A circular argument with no easy way around it.

It's like online shopping using overnight shipping. It's only "overnight" from the point the shipment is ready, so you end up with multiple days waiting for it. In the roster case, our item "hasn't shipped yet."

That logic only works if you believe that the government gives us our Rights.
If you believe that Rights are inherent in being a Human and totally unrelated to government, than it is easy to understand that they have been abridged regardless of what the courts say.

[kemasa]

It also only works if you assume that the politicians are ethical and honest, that they don't pass laws that they want to see enforced for decades and will pass more laws when those previous laws have been tossed out in court. Sadly, it is a bad assumption to believe that.

Take a look at the CA smog impact fee and how that was handled. It shows that the government did not care about what was right, just what they could get away with. They don't face the fear of jail for their theft of money and fraudulent acts. The same law was tossed in FL, but continued to be enforced in CA until years later it was tossed. Then they had a form that could be filled out to get a refund, but they did not send notice to those who they had collected the fee from.