Friday was the first time I’ve driven further than the end of my driveway with a trailer. I had to take my lady to fetch said trailer. It was under a pile of garbage that smelled as bad as you think.

Took it home, got it loaded, well, my lady got it loaded, I was working. Drove to the other side of the state, helped her unload and dropped the trailer there. Drove home.

I got home just in time to get a call from my lady that she had forgotten some important supplies, food for 200+ people for Saturday’s lunch. Daughter was willing to drive it out to my lady, but she’s under the weather, and it was already late.

That meant I had to do another long trip out to my lady to deliver the missing food stuffs.

I’m exhausted. I wanted to write about Judge St. Benitez.

The short of it is that in 2017 Judge Benitez created freedom week. A whole week in which the people of California could buy modern ammunition feeding devices. The state asked for a stay pending appeal. That was granted. End of freedom week for the people of California. A 3 judge panel of the Ninth Circuit heard the appeal and ruled for The People, upholding Benitez’s ruling. The state appealed to the full Ninth Circuit and was granted an en banc hearing. There they found for the state and stayed the injunction.

Duncan appealed to the Supreme Court, where it sat in limbo until July 2022. The Supreme Court then Granted cert, Vacated the ruling of the Ninth Circuit, and Remanded the case back to the Ninth. The short form of this is GVR.

The Ninth, instead of saying “yes boss” and vacating their bad ruling, instead sent the case back to the district court. For more “fact finding under the new Bruen status.”. One of the dissenting judges noted that the Ninth should have just made the ruling because there is no way the case wouldn’t end up back at the Ninth.

Noon of September 22nd, 2023, Judge Roger T. Benitez entered his decision finding for the plaintiffs (good guys). I’ll write about his opinion shortly.

4.5 hours later, the state had their appeal before the Ninth.

The injunction is stayed for 10 days, so the state has until the first or second week of October to get the Ninth to issue a stay pending appeal.

For the gun banners, the best possible course of action would be for the Ninth to deny the appeal. That would leave this as a district level ruling and not binding case law for the Ninth.

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By awa

5 thoughts on “I posted…”
  1. “Drove to the other side of the state, ”
    Depends on the state as to how annoying this is, but, yes. 🙂
    Yes the 9th should have done better in handling the GVR but is anyone really surprised they pushed it down as far as they could? This is their version of a Bruen tantrum.

  2. That sounds like a full day, at some point did Yakkity Sax start playing?

    Is there any way for the average person to suggest judicial malpractice on the part of the courts and see some action taken to prevent such bad behavior?

  3. Maybe the Ninth Circus Court will do the right thing…probably it won’t. Either the state gets it’s way or if not they will rewrite the law, change a few words and try it again. Thus restarting the entire court process. In the meantime
    people who wish to exercise their Right find it more difficult to do so. The gun grabbers suffer zero consequences for trying over and over and over ad infinitum ad nauseum to destroy our Rights. Therefore they keep trying. At taxpayer expense. They have to win only once. We have to win EVERY time. The odds are eventually they will win. And eventually the make up of the SCOTUS will be changed by the Demonrat party to reflect their agenda. When that happens Bruen, Heller etc. will all be overturned.

    1. I believe that the most likely outcome is that the Ninth will decline to hear the case. This keeps the opinion at the local level where it does not become case law.

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