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S.A.M., the reason I said what I did was that it doesn't really matter what San Diego says.
From the original briefings, they never refuted anything the plaintiff stated. They never offered any cognizant theory for their actions. Nor did the court demand it of them.
Remember, Judge Gonzales said that she was interpreting the case with intermediate scrutiny. At that level, the law is not presumptively lawful. The Government has the burden to justify its actions. Gonzales did not require this.
And... The Nordyke panel did the same thing.
All of this is pointed out in minute detail by Chuck Michel.
So this is not just a challenge to the District Courts opinion. It challenges the 9th Circuit itself. The brief is actually aimed at the U.S. Supreme Court.
Quite frankly, the gloves have come off. The NRA is no longer playing nice. This is full attack mode and whatever panel they draw, will know this.
You can also see this in Don Kilmer's request for rehearing and/or en banc in the Nordyke case.
You can bet these briefs will be used in arguing Williams should cert be granted. To date, not a single District Judge, nor the Circuits are using what little guidance the SCOTUS gave them in Heller and McDonald. Anywhere.
The NRA and the SAF are not frustrated in the least. But they are starting to play hardball.
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