Duncan v Berrcerra
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Who was the plaintiff's attorney. She should be arguing more 2A cases.
Last edited:
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
The oral arguments went about as well as I expected. Both the attorneys and the judges were on video. Callahan asked the most questions. Lee and Lynn only asked a few. My previous assessment of how they are likely to vote does not change based on the questions that were asked, although there are surprises.
They are going to archive the argument on the court's website so you can watch from home if you wish. It should be up by tomorrow.
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
She is Erin Murphy
https://www.kirkland.com/lawyers/m/murphy-erin-e
She works with Paul Clement and has argued several 2A cases.
She did one heck of a fine job I thought. SO what are you thoughts after watching the video?? I think they will uphold the district court that stopped kommie kali from saying you can only have a 10round mag..
The former link posted is already live and available (just watched over the past hour).
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
They just updated the link for tomorrow so the previous link will not work. The archived audio and video can be found here
https://www.ca9.uscourts.gov/media/
They have posted the audio, for this case, for you to listen to already and will likely have the video available tomorrow.
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
The video is now up, you can go through the court website or you can use the following link
https://www.youtube.com/watch?v=JhlsgZUIDis
delaware_export
Ultimate Member
- Apr 10, 2018
- 3,229
I am not a lawyer. So...
The pro2 a side seemed pretty well represented here.
Now, to quote Tom Petty... the waiting is the hardest part.
That said, I expect that if they find that 10rd limit is unconstitutional, it’ll take half a second for the state to request, and be granted, en banc.
The pro2 a side seemed pretty well represented here.
Now, to quote Tom Petty... the waiting is the hardest part.
That said, I expect that if they find that 10rd limit is unconstitutional, it’ll take half a second for the state to request, and be granted, en banc.
krucam
Ultimate Member
Review of the Oral Argument:
https://www.courthousenews.com/nint...al-about-california-ban-on-big-gun-magazines/
https://www.courthousenews.com/nint...al-about-california-ban-on-big-gun-magazines/
Steel Hunter
Active Member
- Nov 10, 2019
- 552
I watched the whole hour video and the summary here is quite good. The only thing I think is notably missing is the discussion on weakening (i.e. destruction of) the takings clause should it be permissible to ban something without compensation.
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
This case is going to be reheard en banc
whistlersmother
Peace through strength
Imagine that.
Overturned en banc.
SCOTUS will deny cert.
Where have we seen this storyline before......
Overturned en banc.
SCOTUS will deny cert.
Where have we seen this storyline before......
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
The oral argument will be the week of March 22
Kharn
Ultimate Member
23 D between serving and senior, including the chief judge.
22 R
11 seats on en banc, one automatic participate is the chief judge.
22 R
11 seats on en banc, one automatic participate is the chief judge.
And of course we all know how this will play out since this has happened before, never mind that 9CA always seems to be the bastard child of appellate circuit and 95% time gets smacked down by SCOTUS. Geee am I being cyclical here noooo not meeeee 
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
And of course we all know how this will play out since this has happened before, never mind that 9CA always seems to be the bastard child of appellate circuit and 95% time gets smacked down by SCOTUS. Geee am I being cyclical here noooo not meeeee
We really do not know why the CA9 took the case en banc. They will almost certainly write a different decision. In the past they would have simply overturned the previous decision, but there is another possibility. The 3 judge panel did not really examine the evidence. The Court took longer than normal to decide for an en banc, they are requesting excerpts from the record, not just the brief, and the oral arguments are less than one month away. They may take a harder look at the evidence and find that it is not substantial enough to support intermediate scrutiny. We will know a little more once the oral arguments take place.
Kharn
Ultimate Member
I wonder if the en banc will keep the part overturning the ban on possession of previously owned mags, but retain the state's ban on purchasing new mags.
Continuing the ban on previously owned magazines seems like a surefire way to get cert.
Continuing the ban on previously owned magazines seems like a surefire way to get cert.
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