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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#6761
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I strongly suspect that the en banc panel will rule against Ms. Duncan. In every other circuit, the simple fact that the court votes for an en banc rehearing infers that the panel decision will not stand unless enough of the "for" voting judges are persuaded to change their minds following the arguments. The Ninth is a little different because the composition of the eleven judge panel may not fully reflect the voting composition of the court. If Ms. Duncan should lose at the rehearing, the case is gonna go to the Supreme Court. If she prevails, I'm no so sure that the state would pursue an appeal. I can see Mr. Bonta having his arm twisted by other Attorneys General to refrain so as not to upset the state of the law in other circuits.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#6762
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#6763
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The Ninth Circuit will deny the en banc rehearing request because this instance would benefit Second Amendment plaintiffs, as opposed to gun control proponents.
The Supreme Court remains the only institution with the power to unjam this mess, but Chief Justice John Roberts and at least one of the other Republican appointees lack the fortitude.
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights. |
#6764
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The Ninth Circuit en banc panel did not seize control of Duncan v. Bonta away from the 3-judge panel to decide in favor of the Second Amendment. In fact, I expect even more dishonest machinations such as further remands.
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#6766
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AWB cases are headed to SCOTUS from the 2nd, 4th, 7th, 10th, etc. The 9th not taking it en banc will not have any effect on this.
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#6767
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It's about as likely to occur as combining the two cases. The two cases are contesting completely different PC so it's extremely unlikely they would ever be combined. Flamingos for lunch is more likely. |
#6768
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#6769
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I see no indication that the other left-wing circuits will choose a different path. |
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