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It's important to note that if Cali appeals, it won't be re-heard by the Ninth - it goes to SCOTUS.

How many of you really want to bet on SCOTUS right now? Especially with Roberts wearing his liberal panties more and more.

It was a 3 judge panel that made the decision? I think California can ask for an en banc panel where 10 selected judges make another decision? From there it goes to the SCOTUS?

If I am not mistaken, this kind of appeal for an en banc panel has happened before and decisions reversed.

 
Also, if they take it to the SCOTUS and SCOTUS upholds the mag ban, then that is the end of that - we will see mag bans with no hope of getting them struck down.

OTOH, if Biden wins the election and then RBG retires (most likely she would), then Biden appoints a liberal justice, then the case goes to the SCOTUS, then?
 
Also, if they take it to the SCOTUS and SCOTUS upholds the mag ban, then that is the end of that - we will see mag bans with no hope of getting them struck down.

OTOH, if Biden wins the election and then RBG retires (most likely she would), then Biden appoints a liberal justice, then the case goes to the SCOTUS, then?

It's important that we don'r get overconfident and take our eyes off the ball. As you point out this is far from over. Good news but not over yet.
 
Amy Coney Barrett.
Barrett considers herself an originalist.:) She is a constitutional scholar with expertise in statutory interpretation.
She has stated that faith and politics should be separated from the law and that "justice should not turn on what judge you get .... If we reduce the courts to mere politics, then why do we need them? We already have politicians. :s0112:

I so want her to replace RBG.
 
It's important to note that if Cali appeals, it won't be re-heard by the Ninth - it goes to SCOTUS.

How many of you really want to bet on SCOTUS right now? Especially with Roberts wearing his liberal panties more and more.
But if SCOTUS refuses to hear the case, it stands. Someone recently posted a good article with a theory on why they are not taking 2A cases. The conservatives do not trust Roberts. So if the case is not heard, the last ruling is in place.
 
But if SCOTUS refuses to hear the case, it stands. Someone recently posted a good article with a theory on why they are not taking 2A cases. The conservatives do not trust Roberts. So if the case is not heard, the last ruling is in place.

But only in the 9th Circuit.

If there is a disagreement between different districts, and it is important enough, then SCOTUS has a reason to hear it. Until the SCOTUS hears it, then it is still iffy. either way, it is risky.
 

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