This video discusses the Ninth Circuit Court of Appeals' decision to stay Judge Bonta's order against California's magazine capacity ban in Duncan v. Bonta. The speaker highlights the Ninth Circuit's unusual request for parties to brief whether the en banc panel had the statutory authority to hear the appeal, suggesting it's a delay tactic. The analysis suggests this could lead to further delays by potentially sending the case back to a three-judge panel.
The Ninth Circuit Court of Appeals has stayed California's magazine capacity ban in Duncan v. Bonta. Unusually, the court is asking parties to brief whether the en banc panel had the authority to hear the appeal, a move interpreted as a strategic delay tactic that could send the case back to a three-judge panel.
The Duncan v. Bonta case, challenging California's magazine ban, is under Supreme Court consideration. A key argument for review, based on the US v. Benson ruling striking down a similar DC ban, has been undercut by the DC Court of Appeals granting an en banc rehearing in Benson. This shifts the legal landscape, potentially influencing the Supreme Court's decision to grant or deny certiorari for Duncan.
