Duncan v. Bonta Round 2 is OUT!

[Oro]

Decided as "misapplied" using Immergut's arguments and reasoning most likely

Possibly, but we know Immergut was an improper application of Bruen, so it won't stand SC review. There's also Judge Bryan's ruling in the W.D. WA US district court. He found restrictions a-ok based on historical regulation of unattended bear traps (yes, that was a key part of his reasoning).

After Bruen, Immergut was just gas-lighting us by saying prior restraint (Permits, etc) was OK. Just utter nonsense that will not stand.

 

[CamoDeafie]

Possibly, but we know Immergut was an improper application of Bruen, so it won't stand SC review. There's also Judge Bryan's ruling in the W.D. WA US district court. He found restrictions a-ok based on historical regulation of unattended bear traps (yes, that was a key part of his reasoning).

After Bruen, Immergut was just gas-lighting us by saying prior restraint (Permits, etc) was OK. Just utter nonsense that will not stand.

That's why I put in ""s around "misapplied" what I am expecting...

9th Circus overturns Benitez, upholds Immergut; appeals to USSC, Bonta case get fast track to USSC Review, EDIT, USSC decides in favor of Benitez; USSC uses Bonta case to GVR OFF v. Brown to 9th then to Immergut, or moot it as related to Bonta.

State Supremes overturns Raschio, but case get mooted by OFF V Brown if USSC uses Bonta to overturn M114.


There's a likelihood that the USSC will have a 5-4 decision relating to mag bans but won't look at license/permits to purchase until the FOID thing is brought to USSC?

 

[Oro]

That's why I put in ""s around "misapplied" what I am expecting...

9th Circus overturns Benitez, upholds Immergut; appeals to USSC, Bonta case get fast track to USSC Review, EDIT, USSC decides in favor of Benitez; USSC uses Bonta case to GVR OFF v. Brown to 9th then to Immergut, or moot it as related to Bonta.

State Supremes overturns Raschio, but case get mooted by OFF V Brown if USSC uses Bonta to overturn M114.


There's a likelihood that the USSC will have a 5-4 decision relating to mag bans but won't look at license/permits to purchase until the FOID thing is brought to USSC?

The weird thing, from what I see, is that if you look around the country, most all district courts are applying Bruen faithfully. DV restraint, handguns 18+, sensitive places, etc., etc. It truly is only the districts under the 9th that are out of step and grasping at straws to avoid following the law.

The rot is much worse than I thought.

 

[ilikegunspdx]

The weird thing, from what I see, is that if you look around the country, most all district courts are applying Bruen faithfully. DV restraint, handguns 18+, sensitive places, etc., etc. It truly is only the districts under the 9th that are out of step and grasping at straws to avoid following the law.

The rot is much worse than I thought.

Agree, with the exception of northern Illinois (and I haven't been following NJ at all so don't know about that), it does seem like many courts have followed the legal precedent set by scotus -which is what they are supposed to do. Those judges that are politically charged and mired in the CA/west coast anti-gun political insanity refuse to accept Heller (and re-affirmed in bruen). They will do anything it seems to disarm the populace. That's the reality we are in right now and it must be fought tooth and nail.

 

[User 1234]

The Ninth has bucked the system in many ways over the years. Perhaps that's why they have been reversed by the Supreme Court at such a high rate. This has been true even before Trump's appointees were sworn in.

 

[Mono1]

The weird thing, from what I see, is that if you look around the country, most all district courts are applying Bruen faithfully. DV restraint, handguns 18+, sensitive places, etc., etc. It truly is only the districts under the 9th that are out of step and grasping at straws to avoid following the law.

The rot is much worse than I thought.

Since 2007, the 9th Circuit had a reversal rate of 80.4 percent.

SCOTUS case reversal rates (2007 - Present)

Ballotpedia: The Encyclopedia of American Politics

ballotpedia.org

 

[solv3nt]

Since 2007, the 9th Circuit had a reversal rate of 80.4 percent.

SCOTUS case reversal rates (2007 - Present)

Ballotpedia: The Encyclopedia of American Politics

ballotpedia.org

Whelp, mamma always said you've got to be the best at something.

 

[Oro]

Since 2007, the 9th Circuit had a reversal rate of 80.4 percent.

SCOTUS case reversal rates (2007 - Present)

Ballotpedia: The Encyclopedia of American Politics

ballotpedia.org

Which is on the high end, but NOT the highest. And not that far above average TBH (71%). That can't be overlooked.

Also, these are reversals of cases taken up on appeal - which means they are specifically selected for scrutiny by the court. Not a reversal rate of all decisions rendered.

 

[CamoDeafie]

Which is on the high end, but NOT the highest. And not that far above average TBH (71%). That can't be overlooked.

Also, these are reversals of cases taken up on appeal - which means they are specifically selected for scrutiny by the court. Not a reversal rate of all decisions rendered.

View attachment 1734146

Interesting that the Sixth Circuit, compromising of Michigan, Kentucky, Ohio and Tennessee; is considered formerly center-right, to hard right Circuit due to Trump appointees, but has the highest reversal rates.. whereas the Ninth Circuit, compromising of WA, OR, CA, HI, AK, Nevada, Idaho, Montana, Arizona, and the two Territories of Guam and Northern Marianas.. is considered one of the hardest left Circuits and is the 2nd highest reversal rate...

 

[Mono1]

Whelp, mamma always said you've got to be the best at something.

I'm Thinking Mama never said that, @solv3nt

But. Thanks for Playing...

- I did the best I could. - You did good, Mama.

Forrest Gump (1994) clip with quote - I did the best I could. - You did good, Mama. Yarn is the best search for video clips by quote. Find the exact moment in a TV show, movie, or music video you want to share. Easily move forward or backward to get to the perfect clip.

getyarn.io

 

[solv3nt]

I'm Thinking Mama never said that, @solv3nt

But. Thanks for Playing...

That's only because I was the best thing since sliced bread.

 

[Mono1]

That's only because I was the best thing since sliced bread.

OK, that makes sense.

since sliced bread.

Straight Up clip with quote since sliced bread. Yarn is the best search for video clips by quote. Find the exact moment in a TV show, movie, or music video you want to share. Easily move forward or backward to get to the perfect clip.

getyarn.io

 

[GWS]

Their game is sliupping. 8th used to be the most overturned circuit court. A record they hend for 20Interesting that the Sixth Circuit, compromising of Michigan, Kentucky, Ohio and Tennessee; is considered formerly center-right, to hard right Circuit due to Trump appointees, but has the highest reversal rates.. whereas the Ninth Circuit, compromising of WA, OR, CA, HI, AK, Nevada, Idaho, Montana, Arizona, and the two Territories of Guam and Northern Marianas.. is considered one of the hardest left Circuits and is the 2nd highest reversal rate...

Their game is slipping. The 9th used to be the most overturned circuit. A record they held for something like 30 or 40 years.

 

[MatthewDB]

The weird thing, from what I see, is that if you look around the country, most all district courts are applying Bruen faithfully. DV restraint, handguns 18+, sensitive places, etc., etc. It truly is only the districts under the 9th that are out of step and grasping at straws to avoid following the law.

The rot is much worse than I thought.

The district courts are doing better than the appealate courts. The district courts in the 2nd (CT, NY, VT) are getting it right, but the 2nd court of appeals is overturning improperly. The 7th (IL, IN, WI) are getting it wrong at all levels.

 

[ilikegunspdx]

New mark smith video giving more speculation on the 9th. Video probably not worth watching imo. Synopsis is he said 9th could have done: 1) goes to 3 judge emergency panel on the docket for sept, 2) the original 3 judge panel that ruled in favor of the previous Benitez decision, 3) a random selection of judges for the 3 judge panel.

Any of those would not guarantee an anti-gun outcome so they broke protocol and took the only option which guarantees an anti-gun outcome (called it a comeback case, bypassed the 3 judge panel, and used the same 11 judges who previously ruled against Benitez).

Suggest skipping to 12:00 mark if you watch it to save time.

 

[MatthewDB]

Yeah, Mark Smith can have some real gems, but he also has a fair number of videos that go on and on without saying much.

 

[PiratePast40]

He's so mad, he keeps going over the same thing. I don't blame him.

 

[Yarome]

He's so mad, he keeps going over the same thing. I don't blame him.

Yeah. I tried watching it earlier but 97% of it was exactly the same stuff he covered in his last 2 videos.

I like his take on stuff, but man.... does it take a long time for him to get to the point... and it's really not necessary to repeat most of the segments 3 times.

Typically 20min to cover 6min of content, but I guess that's par for the course with most highly educated folks.

 

[VinnieBoomBah]

it's really not necessary to repeat most of the segments 3 times.

Unfortunately it is if he wants to make any money off YouTube

 

[ma96782]

What's happening as of 10-4-23?
BTW, if you're lazy and just want the Cliff notes.....IMHO, don't watch it. Sorry.

Aloha, Mark