Re: California "assault weapon" ban challenge--Miller v. Bonta

151
featureless wrote: Mon Aug 08, 2022 6:45 pm
highdesert wrote: Mon Aug 08, 2022 6:38 pm That's good news, I hope Benitez rules quickly. Bonta will appeal and we'll see how long it languishes at the 9th Circuit before we get decisions. I hope Benitez also gets Duncan v Bonta (magazine size restrictions).
He should since Duncan was his.

I'm hoping for an injunction. CA9 will overrule and then the injunction would be appealed to SCOTUS while these two cases meander for 10 more fucking years back to SCOTUS. What a collosal waste of time and money.
Blame the authoritarian neoliberal agenda that set these idiots on the bench. There’s no real difference between these idiots and the fundamentalist authoritarian types dominating the the scotus now except the issues they carry a torch for. We’re at a sad point, pick the right you will accept losing.
Image
Image

"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: California "assault weapon" ban challenge--Miller v. Bonta

152
sikacz wrote: Tue Aug 09, 2022 8:14 am
featureless wrote: Mon Aug 08, 2022 6:45 pm
highdesert wrote: Mon Aug 08, 2022 6:38 pm That's good news, I hope Benitez rules quickly. Bonta will appeal and we'll see how long it languishes at the 9th Circuit before we get decisions. I hope Benitez also gets Duncan v Bonta (magazine size restrictions).
He should since Duncan was his.

I'm hoping for an injunction. CA9 will overrule and then the injunction would be appealed to SCOTUS while these two cases meander for 10 more fucking years back to SCOTUS. What a collosal waste of time and money.
Blame the authoritarian neoliberal agenda that set these idiots on the bench. There’s no real difference between these idiots and the fundamentalist authoritarian types dominating the the scotus now except the issues they carry a torch for. We’re at a sad point, pick the right you will accept losing.
Lawyers and judges are into drama, robes, benches set up high, addressing the court in the 3rd person and "Your Honor". It was to impress those coming before the King's Courts that the divinity of the monarch was spread on His Majesty's Justices and that there really was justice and equality before the law. Go to an Irish court and call a judge "Your Honor" or "Your Lordship" and you'll probably be held in contempt, they are addressed as "Judge" or "Justice" and that's it. Courts are a human invention to resolve conflicts, justice and equality are ideals and ideals have to be fought for everyday.

As the whole country has become more partisan, the curtain has been pulled back on the partisanship of judges. They aren't partisan politicians who when appointed to the bench miraculously become non-partisan, they are appointed to the bench because of their partisan views though they will deny it in hearings. 9th Circuit 2A rulings aren't always surprising.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: California "assault weapon" ban challenge--Miller v. Bonta

153
highdesert wrote: Tue Aug 09, 2022 10:07 am
sikacz wrote: Tue Aug 09, 2022 8:14 am
featureless wrote: Mon Aug 08, 2022 6:45 pm
highdesert wrote: Mon Aug 08, 2022 6:38 pm That's good news, I hope Benitez rules quickly. Bonta will appeal and we'll see how long it languishes at the 9th Circuit before we get decisions. I hope Benitez also gets Duncan v Bonta (magazine size restrictions).
He should since Duncan was his.

I'm hoping for an injunction. CA9 will overrule and then the injunction would be appealed to SCOTUS while these two cases meander for 10 more fucking years back to SCOTUS. What a collosal waste of time and money.
Blame the authoritarian neoliberal agenda that set these idiots on the bench. There’s no real difference between these idiots and the fundamentalist authoritarian types dominating the the scotus now except the issues they carry a torch for. We’re at a sad point, pick the right you will accept losing.
Lawyers and judges are into drama, robes, benches set up high, addressing the court in the 3rd person and "Your Honor". It was to impress those coming before the King's Courts that the divinity of the monarch was spread on His Majesty's Justices and that there really was justice and equality before the law. Go to an Irish court and call a judge "Your Honor" or "Your Lordship" and you'll probably be held in contempt, they are addressed as "Judge" or "Justice" and that's it. Courts are a human invention to resolve conflicts, justice and equality are ideals and ideals have to be fought for everyday.

As the whole country has become more partisan, the curtain has been pulled back on the partisanship of judges. They aren't partisan politicians who when appointed to the bench miraculously become non-partisan, they are appointed to the bench because of their partisan views though they will deny it in hearings. 9th Circuit 2A rulings aren't always surprising.
Yes, agree.
Image
Image

"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: California "assault weapon" ban challenge--Miller v. Bonta

154
Briefs have been filed.
Plaintiffs: https://storage.courtlistener.com/recap ... .136.0.pdf
State: https://storage.courtlistener.com/recap ... .137.0.pdf

On page 4, the state indicates:
That is the case here. Throughout Anglo-American history, governments have adopted restrictions on “dangerous [or] unusual weapons,” Heller, 554 U.S. at 627, while allowing law-abiding residents to possess and acquire other firearms for self defense purposes. The AWCA is a part of that tradition. As explained in the accompanying declarations of historians and political and social scientists, which supplement the existing trial record in this matter, the history of state and federal
regulation of firearms and other weapons—from the regulation of dangerous or unusual weapons in pre-founding England, through the founding of the United States and the antebellum and postbellum periods, and continuing into the 20th century—reveals a well-established tradition of government regulation of particular weapons deemed to pose a significant public danger, provided that other weapons remained available for effective self-defense
What Heller actually says is "dangerous and unusual." The state's brief relies on a total misrepresentation of Heller by substituting "and" for "or." It is a gross misrepresentation. They then utilize racist (unconstitutional) laws to support their tradition.

Re: California "assault weapon" ban challenge--Miller v. Bonta

155
It's back before Judge Roger Benitez, hooray. From the plaintiff's brief:
By now, this Court well understands the point: the State’s ban on firearm features finds no relevant analogue in the founding era, or otherwise. Repeating firearms themselves have existed from the founding era on, and the State has pointed to no evidence indicating that the Founders would have understood banning such firearms to be consistent with the right to keep and bear arms.
But as demonstrated, 20th-century analogues are not relevant, as they provide no insight into our understanding of the scope of the Second Amendment right at the time it was adopted in 1791. Bruen, 142 S.Ct. at 2136. Thus, any argument (or reargument) by the State to these “firing capacity restrictions” of the 1920s and 1930s, as applied to magazine capacity, would be irrelevant, and this Court has already rejected the argument.
The CA AG will likely lose again and appeal to the 9th Circuit and it's another replay. If the 9th panel affirms Benitez's ruling, will CA ask for an en banc hearing and will it be granted?
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: California "assault weapon" ban challenge--Miller v. Bonta

158
featureless wrote: Fri Oct 14, 2022 8:11 pm
CDFingers wrote: Fri Oct 14, 2022 7:50 pm Either states' rights are a thing, or they're not.

We're waiting....

CDFingers
14th amendment, no? Definitely there are states' rights. Definitely there are constitutional protections the state and fed is bared from fucking with. Coexist, brother. :)
Exactly.
Image
Image

"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: California "assault weapon" ban challenge--Miller v. Bonta

161
featureless wrote: Fri Oct 14, 2022 9:57 pm
CDFingers wrote: Fri Oct 14, 2022 9:28 pm We're just looking for a little consistency.

CDFingers
I much prefer consistency to constipation. Shit getting all jammed up ain't good for nobody.
Oh that visual. :lol: Fiber, fiber, fiber, fiber, fiber...

I hope Benitez releases an outstanding opinion.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: California "assault weapon" ban challenge--Miller v. Bonta

162
The point about states' rights, irrespective of one's fiber intake, is that if states can rig voting rights and can gerrymander and can take away a woman's right to choose, then it follows that California can continue to piss off us gun owners. That would be consistently unconstitutional across the states because the Supremes so dictate.

CDFingers
Image
Image
Nothing's for certain--it could always go wrong.
Come in when it's raining; go on out when it's gone.

Re: California "assault weapon" ban challenge--Miller v. Bonta

163
We know that both parties gerrymander US House and state legislative districts. SCOTUS especially Roberts seems to be a big believer in letting states decide issues, instead of letting federal courts decide every major issue. He doesn't think that courts should replace legislative bodies.

It's harder for federal courts to overturn laws passed by a legislative body than a ruling by a court someplace, legislative enactments involve more people and reflect more the will of the people. Sometimes activists push so hard to change multiple issues, that they don't stop and make sure that the changes they've advocated for will last over time.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Who is online

Users browsing this forum: No registered users and 1 guest

cron