Case Analysis

B.L.U.F.Short discussion of the level of honesty from the state.

I’m under the weather, so nothing too long, I hope. (I can hope, it just doesn’t happen.)

(2200 words)

Duncan v. Bonta is the case that started in 2017 challenging California’s magazine ban. Judge Benitez found magazine bans to be unconstitutional. He enjoined the state from enforcing the magazine ban. Thousands of magazines flowed into the state.

The state begged for a stay while the case was on appeal. Judge Benitez granted that stay in part. Those people who possessed forbidden magazines were protected as well as those that received magazines during the injunction, as well as the people who ordered during Freedom Week but had not yet received their magazines.

Since there was no emergency motion for a stay, the case was assigned to a three judge panel. The three judge panel agreed with Judge Benitez. The opinion of the three judge panel was written by Circuit Judge Lee.

The state asked for an en banc hearing. As expected, it was granted. The en banc panel then found in a 7 to 4 opinion that a magazine ban was constitutional and vacated the three judge panel’s opinion. Judge Vandyke wrote a fantastic dissent on the case, slamming the majority.

The plaintiffs (good guys) appealed to the Supreme Court. The request for certiorari was not granted, nor was it denied. The case was held pending the outcome of Bruen. After Bruen was decided, the Supreme Court granted certiorari, vacated the en banc panel’s opinion, and remanded the case back to the Ninth Circuit.
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