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Rolling, God bless you. While I try to be optimistic, I find myself often defaulting to “expect the worst and you won’t be do disappointed” mode. As happy as I was with the 9th upholding the Benitez ruling, I was thoroughly dismayed with them staying their own ruling so our AG could appeal it to the SCOTUS. I never understood why the 9th would uphold the ruling, agree that it is unconstitutional, agree that it is a violation of constitutional rights, and say we will suspend those rights pending your appeal —- which I believe he has two years to make it. Now Biden gets elected, he packs SCOTUS, and we get shafted.
BOB - haven't you been keeping count? It was TRUMP who "packed" the court. The count is now 6 to 3 right wingers! Biden would have to replace 3 justices just to break even much less "pack the court". Furthermore, the new trump appointees are much younger than the 3 remaining liberal justices, but given the court as now composed I do not expect ANY president in the next 10 years to be able to replace ANY of them. And while many speak of the nuclear option of adding more justices to the court, NO ONE is seriously expecting this to happen as again he'd have to add 3 more justices just to break even and that would make it 12 justices which is an even number, so he'd have to add 4 which sounds even more ridiculous. Let's just see what this 6 to 3 super majority actually gets us. The SCOTUS usually only takes a gun case once every 50 to 100 years, and Heller wasn't that long ago.
 

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I am not so confident of where Roberts will go, but if the other 5 stay true, we don't need him. In any case, I thought that the Benitez ruling on LCMs is going to an en banc panel at the 9th, per Becerra's application. Someone correct me if I have that wrong.
 

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I am not so confident of where Roberts will go, but if the other 5 stay true, we don't need him. In any case, I thought that the Benitez ruling on LCMs is going to an en banc panel at the 9th, per Becerra's application. Someone correct me if I have that wrong.
You're quite right. Obviously the 9th en banc will find some way to overturn the ruling which will THEN go to the SCOTUS. So all things end in the SCOTUS
 

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You're quite right. Obviously the 9th en banc will find some way to overturn the ruling which will THEN go to the SCOTUS. So all things end in the SCOTUS
There you go, being all pessimistic again! At least now with the 9th, there is almost a 50-50 chance of getting a majority Republican-appointed panel, thanks to Trump. Either way it may go to SCOTUS.
 

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BOB - haven't you been keeping count? It was TRUMP who "packed" the court. The count is now 6 to 3 right wingers! Biden would have to replace 3 justices just to break even much less "pack the court". Furthermore, the new trump appointees are much younger than the 3 remaining liberal justices, but given the court as now composed I do not expect ANY president in the next 10 years to be able to replace ANY of them. And while many speak of the nuclear option of adding more justices to the court, NO ONE is seriously expecting this to happen as again he'd have to add 3 more justices just to break even and that would make it 12 justices which is an even number, so he'd have to add 4 which sounds even more ridiculous. Let's just see what this 6 to 3 super majority actually gets us. The SCOTUS usually only takes a gun case once every 50 to 100 years, and Heller wasn't that long ago.
I know of and agree with what you say. My disappointment was, if one judge says it is unconstitutional, and the appeals court agrees, why would the 9th stay their ruling for the Cali AG to appeal it? Why tell not California appeal all you want to whoever you want, in the meantime we’re giving people their rights back? I agree, the Donald worked a near miracle with the 9th. Pardon my pessimism, guys. Since the late 80’s I have learned not get my hopes up in this State.
 

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There you go, being all pessimistic again! At least now with the 9th, there is almost a 50-50 chance of getting a majority Republican-appointed panel, thanks to Trump. g
There you go, being all pessimistic again! At least now with the 9th, there is almost a 50-50 chance of getting a majority Republican-appointed panel, thanks to Trump. Either way it may go to SCOTUS.
You just said what I said. No matter which way it goes in the 9th... it WILL end up being appealed to the SCOTUS. The ONLY real issue is... will they take it. THERE, I will be pessimistic because I have history on my side. SCTOUS does not deal in bulk or volume. The must be at least half a dozen gun related cases dealing with Mags, the roster, AW's etc. etc. they WILL NOT hear them all (or even more than one)
 
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