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I think the ca 9th was/is stalling so the OR anti-gun judge immergut lawsuits could play out. If immergut allows all OR m114 to proceed, then it gets appealed to the CA 9th, who then confirm immergut's ruling, they have a way to see if they can chip away at bruen armed with the most ammunition. Without that there is really nothing they can do in the post-bruen landscape to ban guns, mags etc.
Immergut was/is their Guinea pig to see how much they can get through post bruen (ie test the boundaries of bruen). However the Harney county judge has put a stop to everything so their tactic is dead in the water for now. Expect max delays from ca 9th so they can get their plan back on track after the Harney county suit has run its course. That would be after raschio's future ruling in favor of Goa, then appealed to OR Supreme Court, who then overturns rachio's ruling. After that the state track lawsuit would be dead and fed track immergut case would be controlling (ie all m114 laws will be back in effect) and their plan would be back on track.
It's going to go to scotus eventually it's only a question of when and in what form. I'm sure the anti-gun ca 9th and ca would rather not have Benitez's well reasoned ruling (which would then be shut down by CA 9th) go there. They would probably rather have immergut's ruling with ca 9ths stamp of approval go there. If they can delay things long enough they may get their wish. I do think scotus will put a stop to their crap irregardless fwiw, whenever it finally gets there.
The other dynamic to delaying things is it gives the anti-gun courts such as immergut and ca 9th and anti-gunners time to try to find historical analogs or at least craft some type of reasonable argument. Since bruen they haven't been able to.
Immergut was/is their Guinea pig to see how much they can get through post bruen (ie test the boundaries of bruen). However the Harney county judge has put a stop to everything so their tactic is dead in the water for now. Expect max delays from ca 9th so they can get their plan back on track after the Harney county suit has run its course. That would be after raschio's future ruling in favor of Goa, then appealed to OR Supreme Court, who then overturns rachio's ruling. After that the state track lawsuit would be dead and fed track immergut case would be controlling (ie all m114 laws will be back in effect) and their plan would be back on track.
It's going to go to scotus eventually it's only a question of when and in what form. I'm sure the anti-gun ca 9th and ca would rather not have Benitez's well reasoned ruling (which would then be shut down by CA 9th) go there. They would probably rather have immergut's ruling with ca 9ths stamp of approval go there. If they can delay things long enough they may get their wish. I do think scotus will put a stop to their crap irregardless fwiw, whenever it finally gets there.
The other dynamic to delaying things is it gives the anti-gun courts such as immergut and ca 9th and anti-gunners time to try to find historical analogs or at least craft some type of reasonable argument. Since bruen they haven't been able to.
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