Over and over in the Duncan v Becerra decision Judge Benitez mentions, then dismisses, California's argument.
What argument?
California essentially asserts, repeatedly, "because we said so" as the reason for the magazine ban.
Judge Benitez spends pages explaining why this just isn't so from every angle.
It's exhilarating!
It's also laying the groundwork to survive first California's appeal to the 9th Circuit and then the inevitable en banc hearing of the 9th.
Knowing the bone-heads at the 9th when all combined en banc, we'll be awaiting The Supreme Court to deny certiorari and continue to ignore the 2nd.
Or...
Well, California is shitting all over both Heller rulings and MacDonald. The USSC doesn't like it when lower courts shit on their rulings. Never have.
One of the surest ways to get a case cert is where their rulings are being blatantly ignored.
Judge Benitez is doing a great job of showing that.
California is in a rough place. If they appeal to 9th Circuit there's a good chance that it will go to SCOTUS and then see all magazine restrictions killed nationally... or let it stand in the Southern District of California.
Letting it stand would pretty much kill magazine bans for the rest of the state because nothing spreads in US jurisprudence like precedent.
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