Duncan v Berrcerra

[bcr229]

Of course they did. They can not stand it when they lose ...I wonder if this will go back up to SCOTUS again? If it does SCOTUS will NOT BE HAPPY at all with 9CA and the epic spanking that will follow..

It'll go to the three judge panel, then the en banc panel, then the USSC.

There were many folks hoping CA wouldn't appeal so the ruling would be limited... kinda like there were people hoping Heller wouldn't be appealed by DC. Appealing Heller was a huge mistake by the gun grabbers.

 

[Allen65]

It'll go to the three judge panel, then the en banc panel, then the USSC.

There were many folks hoping CA wouldn't appeal so the ruling would be limited... kinda like there were people hoping Heller wouldn't be appealed by DC. Appealing Heller was a huge mistake by the gun grabbers.

If the plaintiffs lose at panel (highly likely in 9CA), they can choose to appeal straight to SCOTUS. If they win at panel (not likely, of course), CA may choose en banc as delaying tactic as long as panel stays its mandate during en banc.

 

[Biggfoot44]

It'll go to the three judge panel, then the en banc panel, then the USSC.

There were many folks hoping CA wouldn't appeal so the ruling would be limited... kinda like there were people hoping Heller wouldn't be appealed by DC. Appealing Heller was a huge mistake by the gun grabbers.

Surprised it took them so long .

What bcr229 said , except it's not a certainty that SCOTUS will give Cert circa 2026 . Depends what developes in other Circuits inbetween .

 

[Crazytrain]

If the plaintiffs lose at panel (highly likely in 9CA), they can choose to appeal straight to SCOTUS. If they win at panel (not likely, of course), CA may choose en banc as delaying tactic as long as panel stays its mandate during en banc.

The good news is the 9CA isn't nearly as bad as it once was. All Trump haters should remember that.

 

[Allen65]

The good news is the 9CA isn't nearly as bad as it once was. All Trump haters should remember that.

As should the McConnell haters.

 

[Mike OTDP]

This is true. The 9th Circuit seems to be starting to get the point on 2A issues.

 

[Bob A]

This is true. The 9th Circuit seems to be starting to get the point on 2A issues.

That's so sad.

I've grown to appreciate the 9th Circus as a veritable beacon of judicial stupidity.

 

[Allen65]

That's so sad.

I've grown to appreciate the 9th Circus as a veritable beacon of judicial stupidity.

Well, at least we still have 2CA for abject stupidity on 2A issues.

 

[Inigoes]

That's so sad.

I've grown to appreciate the 9th Circus as a veritable beacon of judicial stupidity.

You still have a 50 / 50 chance of getting what you expect out of the 9th.

 

[Blacksmith101]

Two magazine bans two different results.

Washington State's magazine ban plaintiffs in Brumback v Ferguson were just denied TRO/injunction by Judge Dimk in a decision that is in opposition to Judge Benitez's decision in Duncan v Bonta. Judge Dimke wrote a really bad decision one which will never survive SC review.

Link to the Dimke decision:

https://agportal-s3bucket.s3.us-west-2.amazonaws.com/uploadedfiles/Another/News/Press_Releases/Brumback%20PI%20denied.pdf?VersionId=pH2aCJ.sLWPGp0bw5pqbVhxhDhzZ_kQO

Link to Washington Gun Law's analysis:




Link to the Long Winded Lawyer Mark Smith's analysis:

 

[Boxcab]

Circuit splits are another good way to the SCOTUS.


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Sent from my SM-G781U using Tapatalk

 

[kcbrown]

Circuit splits are another good way to the SCOTUS.

Both of these are in the 9th Circuit so there won’t be a circuit split from this.


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[delaware_export]

FPC Twitter feed reported yesterday

9th circus had agreed to hear the state attempt to avoid the 10-2 deadline. Saying they’ll at least extend until 10/10

Rather then my non lawyer talk.. their link I think I have the paste right

 

[Crazytrain]

A lot of people on the interwebs (plus a few judges) seen very offended by the en banc hearing rather than going the three judges panel route. But, I think it would have gone to the original three judges, who would have affirmed the decision, and then to en banc all over again anyway so this seems like we are stepping over an unnecessary step and getting right to the meat of the matter and maybe save a year or more of the process. Either the 9th smartens up and affirms now, or back to SCOTUS. Would they bet that SCOTUS would decline the case after already accepting it earlier and calling BS?

 

[motorcoachdoug]

If it does end up before SCOTUS again, Well Uncle Thomas will not be very happy with 9CA and there is a reason that 9CA is called the bastard child of the federal appeals courts...

 

[ddestruel]

So in the world of theoretical?

So if the ninth does what they like to do…. And the en banc overturns the district court ruling. And Scotus takes the case under review with an appeal. A grant and vacate could be issued reinstating the district courts ruling?

 

[Boxcab]

Both of these are in the 9th Circuit so there won’t be a circuit split from this.


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Understood, but I thought there was another ruling in the 2nd(???) as well.


Now I'm not finding it....


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[delaware_export]

So, there are like 4 of these cases in the 9th. In various stages of progress. OR WA HI CA

which other states / districts have things underway?

NY 2nd?
NJ 3rd?
RI ?2nd???
IL???

 

[Inigoes]

9CA En Banc issues a partial stay

The news article:

https://www.courthousenews.com/ninth-circuit-issues-partial-stay-in-california-large-capacity-gun-magazine-case/

The decision:

https://www.courthousenews.com/wp-content/uploads/2023/10/large-capacity-magazine-stay-9ca.pdf

 

[motorcoachdoug]

Why do I have the feeling this will end up before SCOTUS again and this time 9CA will be given once again a massive spanking? It is bad enough that 9CA Stayed part of it but when SCOTUS tells you do follow the rules this way and you do not well, there is a reason that 9CA is called the bas*** child of the federal circuits.