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Old July 18th, 2018, 12:17 PM #41
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Chipping away at restoring our rights...

Yes sir. I’ll take it.
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Old July 18th, 2018, 03:36 PM #42
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What are the chances of his going en back and reversed as the 9th likes to do?
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Old July 18th, 2018, 05:46 PM #43
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Old July 18th, 2018, 07:10 PM #44
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Quote:
Originally Posted by Rab1515 View Post
What are the chances of his going en back and reversed as the 9th likes to do?
You mean going en banc? That's hard to predict, but the procedural posture of the case argues against it. First, the opinion was non-precedent. Less reason to care. Two, it was at the PI stage so all that means is that the case goes back to the district court for further proceedings. All the court held was that the district did not abuse its discretion in entering a PI. That's still very important, as the rule is well established that an error of law is always an abuse of discretion and the court here held, at least implicitly, that the district court did not make an error of law. Cal. could, technically, still win on remand. If Cal. loses in district court in a final judgment, they can still take another appeal from the final judgment. The opinion of the court of appeals panel could then be revisited in light of any additional evidence adduced during the remand.
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Old July 18th, 2018, 11:03 PM #45
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Originally Posted by esqappellate View Post
You mean going en banc? That's hard to predict, but the procedural posture of the case argues against it. First, the opinion was non-precedent. Less reason to care. Two, it was at the PI stage so all that means is that the case goes back to the district court for further proceedings. All the court held was that the district did not abuse its discretion in entering a PI. That's still very important, as the rule is well established that an error of law is always an abuse of discretion and the court here held, at least implicitly, that the district court did not make an error of law. Cal. could, technically, still win on remand. If Cal. loses in district court in a final judgment, they can still take another appeal from the final judgment. The opinion of the court of appeals panel could then be revisited in light of any additional evidence adduced during the remand.
Stupid auto correct. Thanks esqappellate that was what I was looking for.
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Old July 21st, 2018, 04:16 PM #46
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http://www.sacbee.com/news/state/article158965184.html

Well its commiefornia, home of the 9th circus. The victory will be short lived.
Liberal 9th Circuit surprises with pro-2nd Amendment decision blocking California ammo ban

http://www.foxnews.com/politics/2018...-ammo-ban.html

Last edited by manderson; July 21st, 2018 at 07:56 PM.
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