Judge Benitez is hearing a challenge to the CA AWB today!

[OlongJohnson]

When can we buy votive candles with Benitez' likeness on them?

[Joe in PNG]

When can we buy votive candles with Benitez' likeness on them?

Just buy one of the clearance sale Fauci candles, and paste his face on it.

[5pins]

Good legal info in that video guys.

[5pins]

Another good video with a breakdown.

[Stephanie B]

That’s some good stuff! Really great stuff!!

And yet I still can’t help but wonder why he gave the DOJ 30 days to pull shenanigans before we, the people are allowed to exercise our rights he so wonderfully said we have.

What am I missing here?

Well, appellants commonly ask to stay rulings and the judge knows that his ruling will be appealed, so why not retain the status quo until things get rolling.

My unsupported guess is that either CA loses at the circuit level or it goes to the Supremes.

[joshs]

My unsupported guess is that either CA loses at the circuit level or it goes to the Supremes.

Why do you think CA will lose at the Ninth Circuit? The odds are still strongly in the government's favor for a panel draw.

Also, the Rupp case, which is effectively challenging the same thing as this case, has already been argued and is stayed pending a decision from the en banc court in the Duncan case.

Even when we win in the Ninth, the government just appeals and the en banc court always sides with the government. If we can't create a circuit split (unlikely because the circuits where we can win aren't likely to have a state that bans AWs) or get a win en banc in the Ninth due to a lucky en banc judge draw, then it is unlikely SCOTUS will intervene.

[Shotgun]

Even when we win in the Ninth, the government just appeals and the en banc court always sides with the government. If we can't create a circuit split (unlikely because the circuits where we can win aren't likely to have a state that bans AWs) or get a win en banc in the Ninth due to a lucky en banc judge draw, then it is unlikely SCOTUS will intervene.

Well, in my little dream world I hope adding ACB to SCOTUS changes that dynamic regarding 2nd Amendment cases. Maybe, now with the court a solid 5.5 against 3.5, the Supremes would actually take a 2nd Amendment appeal from the 9th without a split in the circuits just because, drum roll please, the 9th is flat wrong in its decision. One can always hope.

[joshs]

Well, in my little dream world I hope adding ACB to SCOTUS changes that dynamic regarding 2nd Amendment cases. Maybe, now with the court a solid 5.5 against 3.5, the Supremes would actually take a 2nd Amendment appeal from the 9th without a split in the circuits just because, drum roll please, the 9th is flat wrong in its decision. One can always hope.

Here's hoping you're right. SCOTUS just distributed the petition in ANJRPC v. Grewal (our NJ mag ban challenge) for conference on June 24th. We think that they'll likely hold it and then grant, vacate, and remand after issuing a decision in NYSRPA, but things could get very interesting if they grant this case too: https://www.supremecourt.gov/docket/...c/20-1507.html

[WobblyPossum]

I’ve been reading through Judge Benitez’s written decision and find his arguments well reasoned and persuasive. I’m getting annoyed at all of the negative coverage the decision has received in which the line about Swiss Army knives is quoted without anything else. It shows the writer hadn’t read past the opening paragraph. I’m about a third of the way through and will continue. This makes me want to read through the magazine capacity decision he issued as well.

[Shotgun]

@joshs You linked to the Grewal Petition. Did you mean to link to another case?