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

[Guerrero]

Was this the en banc ​ review that @joshs talked about? Asking if this is where it goes to SCOTUS? (I assume only if they take the case - IANAL and all that).

This bit from the article probably answers your question:

The stay will remain in effect until the 9th Circuit rules in another case regarding California’s assault weapons laws. That case is also now contingent on a pending decision in a separate case over California’s outlawing large-capacity magazines.

An 11-judge 9th Circuit “en banc” panel, a bench comprising mostly Democratic appointees, is scheduled to hear arguments in that case Tuesday.

[RJ]

This bit from the article probably answers your question:

Thanks. RIF.

[5pins]

It's up to the plaintiff to appeal to en banc and then possibly to the SC for the stay to end.

[joshs]

Was this the en banc ​ review that @joshs talked about? Asking if this is where it goes to SCOTUS? (I assume only if they take the case - IANAL and all that).

No, the appellate court just stayed the case (meaning it won't proceed) pending the result in another AW case that is already at the Ninth (Rupp). That case is in turn stayed pending the result in Duncan (the magazine case), which is the case that is about the go before an en banc panel.

Since I posted above, we got the judge list for the en banc panel in Duncan, and it's not good.

[blues]

No, the appellate court just stayed the case (meaning it won't proceed) pending the result in another AW case that is already at the Ninth (Rupp). That case is in turn stayed pending the result in Duncan (the magazine case), which is the case that is about the go before an en banc panel.

Since I posted above, we got the judge list for the en banc panel in Duncan, and it's not good.

Is anyone surprised?

[RoyGBiv]

No, the appellate court just stayed the case (meaning it won't proceed) pending the result in another AW case that is already at the Ninth (Rupp). That case is in turn stayed pending the result in Duncan (the magazine case), which is the case that is about the go before an en banc panel.

Since I posted above, we got the judge list for the en banc panel in Duncan, and it's not good.

I assume "not good" here means that the en Banc panel will lean unfavorably, away from restoring rights. However, given that whichever side loses the en Banc ruling would likely appeal to SCOTUS anyway, I expect a lot of nothing to happen for quite a while.

Duncan has to reach SCOTUS before Rupp gets to the Ninth.
Likely Rupp has to reach SCOTUS before the en Banc review of Benitez' decision on the AWB.

[Glenn E. Meyer]

Years of the usual, pessimistic me thinks.

[joshs]

I assume "not good" here means that the en Banc panel will lean unfavorably, away from restoring rights. However, given that whichever side loses the en Banc ruling would likely appeal to SCOTUS anyway, I expect a lot of nothing to happen for quite a while.

Duncan has to reach SCOTUS before Rupp gets to the Ninth.
Likely Rupp has to reach SCOTUS before the en Banc review of Benitez' decision on the AWB.

Rupp has already been argued before the Ninth Circuit. The other factor is that NYSRPA may result in many cases being remanded to lower courts, so there are a bunch of moving pieces right.

[idahojess]

Looks like Rupp got remanded, right?

The district court's judgment is vacated, and this case is remanded to the district court for further proceedings consistent with the United States Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. ____ (2022).

The parties shall bear their own attorney's fees, costs, and expenses. This order constitutes the mandate of this court.

https://reason.com/volokh/2022/06/28...istrict-court/

[Glenn E. Meyer]

More endless legal weeds on a clear issue, but what do I know? I'm running out of years before this gets settled, in my pessimistic world view.