Duncan v. Bonta Round 2 is OUT!

[3MTA3]

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

Aloha, Mark

Anybody who expected less, ...er, more from the 9th please raise your hand. Anybody?

 

[GWS]

Well, here's hoping that Thomas or Alito will put this on the "Shadow Docket" and do something that will render the 9th's antics moot or overruled or whatever the term for bubblegum-slapping them and declaring the mag ban unconstitutional and hence, null and void.

 

[Stomper]

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.

View attachment 1733948

That looks like a pretty lousy batting average for the entire inferior court portion of the entire legal system.

I wouldn't hire ANYONE with that kind of average failure rate!

 

[Diamondback]

I' like to see a metric where exceeding a certain percent reversal rate on appeal automatically triggers an impeachment hearing. (I say HEARING not removal because there HAVE been cases where one dude was right and everybody else wrong.)

 

[Oro]

Amid all the horrible news today**, this didn't get updated:

The 9th Circuit en banc panel voted 7-4 to stay Benitez's decision because: "public safety." No legitimate legal reason, just "feelz." The decision is here:

https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.10.0_1.pdf

There is a ~2 page stay w/weak to no reasoning, 1-2 page solo dissent by Nelson, then a long and detailed 4-judge dissent which destroys the Circuit courts reasoning, despairs of its governance and practices, and item-by-item points out why a stay is inappropriate and the appeal legally hopeless.

At one point they also point out a case where the circuit court let a DEAD judge vote in a case, apparently because they needed that vote and "knew" how they were going to rule. Yes, it's apparently that bad at the 9th Circuit Court.

If you need more details or rage, here is Mark Smith on the subject:

 

[Ura-Ki]

Ultimately, this is good as it fast tracks it to SCOTUS for reversal, which if the SCOTUS really takes it on fully, means their ruling becomes NATIONAL LAW, and screws CALI and the nutty 9th at the same time! It's a sick and twisted world we are in when a count (or state) can thumb it's nose at the law and make up it's own reasoning to achieve it's desired goals and violate our rights! I hope SCOTUS really turns the screws on the 9th in one of Thomas's epic rulings, especially if the other justices join him in pounding the 9th into submission!

 

[fmvolume86]

Ultimately, this is good as it fast tracks it to SCOTUS for reversal, which if the SCOTUS really takes it on fully, means their ruling becomes NATIONAL LAW, and screws CALI and the nutty 9th at the same time! It's a sick and twisted world we are in when a count (or state) can thumb it's nose at the law and make up it's own reasoning to achieve it's desired goals and violate our rights! I hope SCOTUS really turns the screws on the 9th in one of Thomas's epic rulings, especially if the other justices join him in pounding the 9th into submission!

Not if 9th circuit stalls it for a year

 

[VinnieBoomBah]

JMHO but I'm not 100% sure that TSCOTUS is on 'our' side as much as there is a small amount of overlap between what we want and whatever it is they are doing and we shouldn't count on them to save us in the 9th

Pun intended

 

[solv3nt]

Not if 9th circuit stalls it for a year

9th En Banc killed it, so correct me if I'm wrong, but this is a straight shot to the SC.

 

[ilikegunspdx]

9th En Banc killed it, so correct me if I'm wrong, but this is a straight shot to the SC.

They have stayed the injunction from what I understand. I.e. an "emergency stay". It's not a full appeal yet. Usually the stay is a pause until the whole case is heard. I think the plaintiffs will try to do an emergency stay to scotus but scotus won't get involved normally until after the appeal court's ruling.

 

[3MTA3]

They have stayed the injunction from what I understand. I.e. an "emergency stay". It's not a full appeal yet. Usually the stay is a pause until the whole case is heard. I think the plaintiffs will try to do an emergency stay to scotus but scotus won't get involved normally until after the appeal court's ruling.

The stay and the non Constitutional "public safety" reason for it pretty much tells me how they are going to rule.

 

[ilikegunspdx]

The stay and the non Constitutional "public safety" reason for it pretty much tells me how they are going to rule.

Agree. That has never been in question imo. Crooked court to say the least. Kangaroo court is probably a better description of the 9th.

 

[Ura-Ki]

 

[Oro]

The stay and the non Constitutional "public safety" reason for it pretty much tells me how they are going to rule.

Right. They know already that argument won't work (from Bruen), but they are using it anyway. It's simply shocking.

There's a useful rule of thumb I learned and use in life, called the "Gell-Mann Effect." Basic premise is this: 1) you are, say, a civil engineer. 2) You read a newspaper article about a damn flooding somewhere and you realize "They have no idea what they are talking about; that's impossible how they describe it." 3) But then you turn the page in the newspaper going on to read more, somehow forgetting they have no real authority and you assume the other news, etc. is reasonable or honestly portrayed/reported.

Michael Crichton (Jurassic Park, etc.) coined the phrase, but not the concept:

https://en.m.wikipedia.org/wiki/Michael_Crichton#Gell-Mann_amnesia_effect

So now I'm just appalled about what else MIGHT be so badly wrong. Applications of business law, speech, other civil rights, etc.

 

[3MTA3]

Right. They know already that argument won't work (from Bruen), but they are using it anyway. It's simply shocking.

There's a useful rule of thumb I learned and use in life, called the "Gell-Mann Effect." Basic premise is this: 1) you are, say, a civil engineer. 2) You read a newspaper article about a damn flooding somewhere and you realize "They have no idea what they are talking about; that's impossible how they describe it." 3) But then you turn the page in the newspaper going on to read more, somehow forgetting they have no real authority and you assume the other news, etc. is reasonable or honestly portrayed/reported.

Michael Crichton (Jurassic Park, etc.) coined the phrase, but not the concept:

https://en.m.wikipedia.org/wiki/Michael_Crichton#Gell-Mann_amnesia_effect

So now I'm just appalled about what else MIGHT be so badly wrong. Applications of business law, speech, other civil rights, etc.

I had thought that the Gell-Mann effect referred to Newsom, Turns out that I was confusing it with the Hair-Gell-Mann effect...

 

[Oro]

I had thought that the Gell-Mann effect referred to Newsom, Turns out that I was confusing it with the Hair-Gell-Mann effect...

LoL, that's a pretty good one!

 

[ilikegunspdx]

As expected plaintiffs petitioned scotus for emergency stay of the 9th's emergency stay. I think it will fail cuz scotus doesn't like to get involved until the final ruling is done. But, and it's a big but, they may be sick of the CA 9ths games (breaking protocol and stacking the court to get the outcome they wanted). It's possible scotus might consider that a huge breach of protocol and get involved for that reason. My gut feel is they will stay out of it due to protocol but you never know, it's all guesswork.

Mark smiths video on it:

 

[Provincial]

The best thing we have going on that issue is Chief Justice Robert's strong feelings about respect for the Supreme Court. This sort of disrespect could well get his dander up, and he would pressure wavering Justices to take direct action.

 

[Oro]

As expected plaintiffs petitioned scotus for emergency stay of the 9th's emergency stay. ….

Here's what is odd: Mark Smith says this is the case, but there is no press release at CRPA, nor any mention of it anywhere on Calguns.

Smith also contradicts himself on Twitter w/this, saying in one place "Going to the SC" and immediately afterwards saying he heard that CRPA was "thinking about it."

Maybe he's received privately an UPCOMING press release and is jumping the gun, but this news is no where else. Personally, I'm in favor of it, but the information dissemination here is a bit hinky…

 

[bcp]

Calguns.net

California gun discussion, Discuss guns with other California gun owners

www.calguns.net

Bruce