9th Circus up to their same old tricks?

[Slobray]

Ninth Circuit Will Revisit Controversial Gun Case

SAN FRANCISCO — Gun control advocates in California will get a second chance to make their case that a Bay Area county ordinance restricting where firearms stores can be located does not violate the Second Amendment.

In an order Tuesday, the U.S. Court of Appeals for the Ninth Circuit granted en banc review in Teixeira v. County of Alameda County. A split panel in May sided with opponents of the ordinance finding that officials had not sufficiently justified a 1998 regulation prohibiting the sale of firearms within 500 feet of a residentially zoned area.

Every time that the stars align and a pro 2A ruling miraculously comes out of the 9th Circus; all the anti-gun justices on the court petition for the an en banc review or a rehearing, so they can stack the panel with a majority of anti-gun justices.

Does anyone actually believe that it will be different this time? I don't.



Ray

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[HuckFin]

Looks like Trump is going to be able to appoint four new judge's.

 

[Stomper]

 

[etrain16]

Clinton appointed tons of judges to the 9th circuit. I don't know how many Obama appointed (too lazy to look it up right now). Let's hope that Trump gets more than just 4 appointments, we need a conservative swing in the 9th if we ever hope to have any chance to fight gun control laws on the west coast.

 

[Stomper]

Sparky be lazy? No WAY!!!

 

[Slobray]

Clinton appointed tons of judges to the 9th circuit. I don't know how many Obama appointed (too lazy to look it up right now). Let's hope that Trump gets more than just 4 appointments, we need a conservative swing in the 9th if we ever hope to have any chance to fight gun control laws on the west coast.

Judges - Seniority List

Nixon=2
Carter=7
Reagan=5
Bush Sr.=2
Clinton=14
Bush Jr.=7
Obama=7

That would take a major die off (which wouldn't hurt my feeling in the slightest), the Justices in the 9th Circus seem to stay forever, there are still 2 that Nixon appointed.

3 ea. in their 90's (Nixon, Carter, Reagan)
9 ea. in their 80's (Nixon, Carter, Reagan, Clinton, Bush Jr.)
11 ea. in their 70's (Carter, Reagan, Clinton, Bush Sr., Bush Jr.)
15 ea. in their 60's (Reagan, Clinton, Bush Jr., Obama)
6 ea. under 60 (Obama)

But it's very possible Trump could add an additional 10 to those 4 he's already got.
Here's to hoping he gets more.


Ray

 

[Slobray]

Instead of waiting for the justices to die off, how about we just split it?

GOP eyes new push to break up California court

Flake's office said the bill will be similar to the legislation he introduced a year ago to establish an additional U.S. circuit court — composed of Arizona, Nevada, Montana, Idaho and Alaska — to relieve what he said at the time is an "oversized and overworked" 9th U.S. Circuit.

If this happens, lets hope that when they split the court, they work it so that niether court has it where the radical liberal justices have the majority.


Ray

 

[Diamondback]

Why does Flake want to lump Alaska in with a non-geographically contiguous Court?

Existing Ninth has fifteen districts, largest of all the Circuit Courts:
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

What I'd do...
Revised Ninth (Southwest Coast and Pacific Islands): Guam, N. Marianas, Hawaii, S. California, C. California, E. California, Nevada
Revised Tenth (Southwest Inland): Colorado, Kansas, New Mexico, E. Oklahoma, N. Oklahoma, W. Oklahoma, Utah, Wyoming, *Arizona
*Transferred from 9th to 10th
New Twelfth (Northwest) Alaska, W. Washington, E. Washington, Oregon, Idaho, Montana, N. California
By having California split across two Circuits, we get two bites at the apple striking down their leftwing lunacy.

 

[Diamondback]

Also, in the above I envision San Fransh*tto being moved into Central, with Northern being redrawn to roughly State of Jefferson proposed boundaries.

 

[Slobray]

Why does Flake want to lump Alaska in with a non-geographically contiguous Court?

Existing Ninth has fifteen districts, largest of all the Circuit Courts:
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

What I'd do...
Revised Ninth (Southwest Coast and Pacific Islands): Guam, N. Marianas, Hawaii, S. California, C. California, E. California, Nevada
Revised Tenth (Southwest Inland): Colorado, Kansas, New Mexico, E. Oklahoma, N. Oklahoma, W. Oklahoma, Utah, Wyoming, *Arizona
*Transferred from 9th to 10th
New Twelfth (Northwest) Alaska, W. Washington, E. Washington, Oregon, Idaho, Montana, N. California
By having California split across two Circuits, we get two bites at the apple striking down their leftwing lunacy.

I think that Flake being from AZ, doesn't give a rat's bubblegum about the states with a liberal majority and he wants to align his state with the more conservative states, shielding AZ from the radical liberal justices of the west coast.

Maybe he thinks that the rest of the districts are too far gone. I think that his plan would doom us in the PNW, making us live under the rules set by the PDRK, unless the SCOTUS overturned it said rulings.

Your idea makes much more sense.......... but what do politicians know about sense?


Ray

 

[Diamondback]

And Flake isn't really much of a conservative anyway, he's a Party hack who'd bend over and grab ankles for Josef Stalin if he were running under the GOP banner, just every once in a while leans the right way when the prevailing winds blow hard enough. I have a number of friends from the F-106 community who retired down to AZ who consider him unfit to serve as even compost...

 

[woody06]

I like Flake's proposed 12th district since it removes Oregon and Washington from control by the liberal California judges and lumps us in with states that are more politically aligned with us.

 

[Diamondback]

I like Flake's proposed 12th district since it removes Oregon and Washington from control by the liberal California judges and lumps us in with states that are more politically aligned with us.

Where did you see that? Version I saw (previously-linked The Hill article) is his proposal leaves WA/OR in 9th Circus and only peels off Arizona, Nevada, Montana, Idaho and Alaska for his new 12th.

Current 9th:
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

Flake 9th:
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

Flake 12th:
District of Alaska
District of Arizona
District of Idaho
District of Montana
District of Nevada

 

[woody06]

Where did you see that? Version I saw (previously-linked The Hill article) is his proposal leaves WA/OR in 9th Circus and only peels off Arizona, Nevada, Montana, Idaho and Alaska for his new 12th.

Current 9th:
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

Flake 9th:
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Oregon
Eastern District of Washington
Western District of Washington
District of Guam
District of the Northern Mariana Islands

Flake 12th:
District of Alaska
District of Arizona
District of Idaho
District of Montana
District of Nevada

Oops, I read your post and somehow attributed it to Flake. It's getting late and I guess I didn't pay enough attention. Please accept my apologies. I do like your proposal better.

 

[Diamondback]

Happens to all of us every now and again, amigo... you'd be surprised how often I have to flash out Update Bulletins to clients as deeper dives into archive materials contradict prior indications on work-in-progress projects.

 

[WALawyer]

Surprised no one has posted yet....9th Circuit overruled the previous decision en banc yesterday and has ruled that 2A does not "confer a freestanding right on commercial proprietors to sell firearms." http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/10/13-17132.pdf

 

[Argonaut]

I like Flake's proposed 12th district since it removes Oregon and Washington from control by the liberal California judges and lumps us in with states that are more politically aligned with us.

The problem is with the heavy coastal crazy influence subjected on Washington and Oregon, they are more aligned with California politically. We need to slice off the coast from Portland west. They are all nuts from Seattle to San Diego.

 

[Oathkeeper1775]

Thank God for Justice Gorsch!

 

[nwslopoke]

Thank God for Justice Gorsch!

I was born in the city but I was still taught never count your chickens before there're hatched.

The key part of gun control is control. I don't work from the point of view that government wants to give up control. They keep adding laws (taillight, cross walk, magazine capacity) but they never remove old laws from the books. I am prepared to be disappointed.

 

[11Charlie]

I read the title and thought this was about elephants and monkey's doing tricks.