View Full Version : Winning!
Dan Shapiro
03-30-2019, 09:33
Judge yesterday threw out Kalifornia's gun magazine ban. This morning there will be the usual liberal wailing and gnashing of teeth. :icon_lol:
https://www.powerlineblog.com/archives/2019/03/blow-struck-for-civil-rights-in-california.php
Asurprising light of reason in the midst of otherwise seemingly overwhelming darkness. Sincerely. bruce.
Court rulings declaring laws unconstitutional didn't seem to bother Illinois or Chicago any.
Vern Humphrey
03-30-2019, 06:30
The courts long ago decided to abandon the Constitution -- that's what you get when you appoint lawyers to jobs that require integrity.
JohnPeeff
03-30-2019, 07:54
It will be appealed to the 9th " Circus" Court and the ban will be upheld. The 9th is the most wacky, liberal, anti gun court in the nation.
It will be appealed to the 9th " Circus" Court and the ban will be upheld. The 9th is the most wacky, liberal, anti gun court in the nation.
It's also the most reversed court in the nation. The case may well end up in the Supreme Court which will (again) have to decide what a "reasonable restriction" is.
One thing I find gratifying is that The Supreme Court has decided to take a case on the New York City firearms transportation restrictions which states that unless a person has the almost impossible to obtain New York City carry permit; a legally owned handgun can only be transported from a person's home to a firearms range within the city limits. Anyone transporting his handgun outside of the city for any purpose commits a violation.
Since Heller the courts are going to be hearing lots of cases about what is, or is not, a reasonable restriction on firearms ownership.
Some cherry picking
The 9th Circuit is by far the largest circuit. In the 12 months leading up to March, 31, 2015, just under 12,000 cases were filed in the 9th Circuit — more than 4,000 more than the next-largest circuit, the 5th Circuit. Despite that gigantic docket, the Supreme Court heard just 11 cases from the 9th Circuit in 2015, reversing eight. On a percentage basis, the ninth stands in third place.
In 2014, for instance, the 2nd Circuit had a reversal rate of 100 percent, which sounds pretty bad until you find out that the Supreme Court only heard one case from the 2nd Circuit that entire season. The overall reversal rate for all circuit courts is approximately 70%
It is helpful to check facts and use some other source than Hannity.
Some cherry picking
The 9th Circuit is by far the largest circuit. In the 12 months leading up to March, 31, 2015, just under 12,000 cases were filed in the 9th Circuit — more than 4,000 more than the next-largest circuit, the 5th Circuit. Despite that gigantic docket, the Supreme Court heard just 11 cases from the 9th Circuit in 2015, reversing eight. On a percentage basis, the ninth stands in third place.
In 2014, for instance, the 2nd Circuit had a reversal rate of 100 percent, which sounds pretty bad until you find out that the Supreme Court only heard one case from the 2nd Circuit that entire season. The overall reversal rate for all circuit courts is approximately 70%
It is helpful to check facts and use some other source than Hannity.
Gee, and I don't even like Hannity. I do stand corrected though....at least for 2014.
However, selecting one year is cherry picking.
The ABA figures for 10 years, 1999-2008 taken from a 2010 article (the latest I could find covering a decade) shows the 9th had a reversal rate of 80% with 107 cases reversed, 33 vacated and 35 affirmed in that period. The district with the 2nd highest percentage of reversals was the 2nd with 38 reversed, 3 vacated and 16 affirmed for 70%. The Federal Circuit in D.C., a tiny court which has civil jurisdiction only and which handles primarily patent cases, had a slightly higher rate at 83% but almost doesn't count because of the very small jurisdictional area it covers. The 9th also got the lowest grade from the ABA with a "C-," only beaten out in this "Hall of Shame" by the above mentioned D.C. Circuit which got a "D." The ABA is hardly a right wing mouthpiece.
So I'm going to stand by my statement.
barretcreek
03-31-2019, 05:55
The Founders understood human nature and knew the fight against despotism would be never ending. They wrote the Constitution so we would have a suitable tool if we are up to the task.
Dr. Shopping!!! Look it up. Dope heads and opiate addicts do it all the time. The Democraps go Judge/Court shopping. They know the 9th always decides their cases for political gains and not for legal or constitutional reasons (i.e. the law).
JB White
04-06-2019, 11:33
Court rulings declaring laws unconstitutional didn't seem to bother Illinois or Chicago any.
What bothers them is how long they can get away with it until it's reversed. They have to keep up a current inventory of reworded violations to enact just as soon as the previous is shot down.
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