Duncan v Berrcerra

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  • Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    So, question for the lawyers out there in MDS-Land: In a situation like this where the panel judgement is inevitable, and both sides concurring which way it's going to go, can both parties just concurrently motion for summary judgement, get that, and move on to filing for Certiorari? That way nobody wastes their time and money on going through the pointless effort of presenting arguments at a hearing. Or does the panel want to pretend it hasn't already made its decision before opening arguments are heard?

    IANAL, but I am a cynic.

    Therefore, my suspicion is that they'll pretend they're actually deliberating, for show. Then we'll get the inevitable result. The Clinton/Obama judges will want to delay as long as possible, because they're hoping Justice Thomas will croak in the meantime (hopefully he will avoid hunting trips) so that President Jarrett will have the opportunity to nominate another Legislator in Black Robes.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    So, question for the lawyers out there in MDS-Land: In a situation like this where the panel judgement is inevitable, and both sides concurring which way it's going to go, can both parties just concurrently motion for summary judgement, get that, and move on to filing for Certiorari? That way nobody wastes their time and money on going through the pointless effort of presenting arguments at a hearing. Or does the panel want to pretend it hasn't already made its decision before opening arguments are heard?

    Summary judgment https://en.wikipedia.org/wiki/Summary_judgment is really only for the trial court or the district court in this case. I believe this case was decided on summary judgment and a full trial was not conducted.

    Appellate courts do not conduct full trials where witnesses are heard. They are mostly concerned with the application of law and are based primarily on the briefs that were already submitted. The oral arguments are used to clarify various points raised in the briefs. More and more cases are decided without oral arguments. The 9CA have allocated 30 min/side, which suggests that the 9CA still thinks there are issues that need clarification.
     

    LeadSled1

    Ultimate Member
    MDS Supporter
    Apr 25, 2009
    4,245
    MD
    I’m hearing a stay was issued based on this case leaving the “assault weapon” ban in place.

    Edit***

    Found it. So they put a stay on and based on the litigation of another case on “assault weapons ban”, which in itself was put on hold until another case on a “high capacity magazine” ban is completed which should be this one. Sounds like they are setting up dominoes to fall as they would like.

    https://www.latimes.com/california/...cision-to-overturn-states-assault-weapons-ban


    The order said the stay would be in effect until the 9th Circuit ruled in another case challenging California’s assault weapons regulations. That case also has been put on hold pending a ruling in a lawsuit over California’s ban on large-capacity magazines.

    An 11-judge 9th Circuit “en banc” panel is scheduled to hear arguments in that case Tuesday, and the ruling is likely to determine the future of the state’s assault weapons ban. A majority of the judges on the panel are Democratic appointees.”
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    Wow, that attorney for the State was pretty arrogant, basically "The State can ban anything at its discretion as long as there is some alternative, regardless of effectiveness." He also completely ignored the takings issue. His tone and body language said "Why are you even wasting my time making me show up, we already know what the outcome will be."
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    agree. probably because he knows his audience. (the left leaning judges on the en banc)

    Wow, that attorney for the State was pretty arrogant, basically "The State can ban anything at its discretion as long as there is some alternative, regardless of effectiveness." He also completely ignored the takings issue. His tone and body language said "Why are you even wasting my time making me show up, we already know what the outcome will be."
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    I thought Miss Murphy did an outstanding job of clearly and forcefully articulating the common use argument. Some of the questions from the liberal justices reveal their incredible ignorance and bias on this constitutional right. I like the record that this oral argument has added to this case.
     

    krucam

    Ultimate Member
    In typical 9th Circuit fashion…
     

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    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,353
    SoMD / West PA
    It does vary depending on the case, but it will likely take a year or longer from when they first decided to take the case en banc. I would not expect to see an opinion until next year.

    See https://www.ca9.uscourts.gov/enbanc/ for various timeframes.

    My bet is on longer, since the 2A cases are at the SCOTUS. The 9th will desk drawer their opinion they already have in hand, until the NY opinion is released.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I haven’t had a chance to listen but was there any mention of the Scotus case coming up in the fall?
    If so then CA9 may not decide this case until that opinion is handed down.
     

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