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Thoughts on striking down the Calif "AW ban"
Thoughts from the from the California Rifle and Pistol Association. With a sad reality:
"We know with certainty that the state will appeal Miller to the Ninth Circuit. It will then take at least a year for a final ruling from a standard three-judge panel if there are no extended delays. But the Miller appeal will almost certainly be stayed at the Ninth Circuit, pending rulings in other important Second Amendment cases--like Duncan, Rhode, and Rupp--that are already on appeal at the Ninth Circuit. So, an extended delay is likely.
Indeed, Second Amendment law in the Ninth Circuit is facing a bottleneck right now. The reason is the extraordinary success of Duncan. Duncan won at both the district court level (in Judge Benitez's courtroom), and then won again before a three-judge panel at the Ninth Circuit. In line with the Ninth Circuit's hostility toward the Second Amendment, an 11-judge en banc panel will rehear Duncan on June 22nd. Because Duncan could have a tremendous impact on Second Amendment law in the Ninth Circuit, other Second Amendment cases at the appeal stage have been "stayed" or "held in abeyance" pending the resolution of the Duncan en banc rehearing. That is the situation with Rupp, Rhode, and likely with Miller."
It could be even worse than that. Back in the 80s, as I recall, the 9th Circuit followed a simple practice in death penalty cases. It would grant a stay of execution, and then never decide the case. Years would go by without a ruling. No one could appeal a decision that hasn't been made. Finally, Arizona asked the Supreme Court for a writ of mandamus. I forget the result.
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As a believer in putting my money where my mouth is, I joined the CRPA. I did this even though I do not (thankfully) live in CA. This group is on the sharp end in the litigation war and deserves our support. They are doing far more than a certain other national organization who has supported every single federal gun law since the NFA of 1934.
The saying is how California goes, so does the country. Bad or good. I appreciate the effort of CRPA. If we start winning in the blue anti gun states then we can advance our civil rights wins on gun law.
I am cautiously optimistic on The NYSRA case in SCOTUS
In 2014 Arizona asked the US Supreme Court for a writ of mandamus to compel the 9th Circuit to "issue the mandate" in the death-penalty case of Henry v. Ryan, which was then 28 years old and which the 9th Circuit was stalling long after the 9th Circuit panel had ruled against the murderer for the last time and the Supreme Court itself had denied certiorari. The Supreme Court called for responses to Arizona's petition, including from the 9th Circuit itself, and eventually got a letter in 2015 from the 9th Circuit saying it would stop stalling, after which Arizona asked the Supreme Court to dismiss the petition for a mandamus as moot.