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Old June 12, 2021, 11:37 PM   #52
Metal god
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Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,204
Here is a interview with Chuck Michel , his office represents a couple of the cases in front of judge Roger T. Benitez regarding the 2nd amendment . Very interesting insight as to what's going on at the 9th .

https://www.youtube.com/watch?v=mZpz84TLOO0

He brings up this case is actually behind another AWB case ( Duncan ) already awaiting a decision of a an-banc panel . Which means if they strike down that case which does not have as good a ruling behind it as Benitez's ruling . It would just make his ruling moot and as if it never happened .

In the interview Chuck talks about how he believes the 9th should stay all 2nd amendment cases until the the SCOTUS hears the NY carry case in front of them now . His thinking is that the SCOTUS will likely give guidance on what scrutiny pending and future cases should use in most 2nd amendment cases .

That got me thinking if the 9th thinks they have the votes to strike down Duncan , they will before the SCOTUS rules on the NY case . Which will create precedent for all the cases log jammed at the 9th and allow they to strike them all down before next years ruling at the SCOTUS on the NY carry case .

That said as chuck points out the 9th is now more equally divided and the en-banc panel in Duncan may actually vote in our favor . If the 9th sees that as a real possibility they may want to stay all the cases and wait for guidance from the SCOTUS next year .

Anyways I found the interview thought provoking .
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