3rd Circuit rules NJ AW/LCM bans unconstitutional!!
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stay tuned for Viramontes
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Horrible
A stay is routine and was to be expected.
A lot goes on behind the scenes whenever circuits or Supreme Court accept an appeal. My gut tells me the Third Circuit agreed to hear ANJRPC because SCOTUS has dragged its feet on Bonta for so long. Creating a circuit split between the Third and Ninth essentially forces SCOTUS to hear Bonta in a timely manner and issue a clarifying decision.
In particular, the Ninth’s semantical gymnastics about accessories versus arms raised a lot of eyebrows in the legal world. (Although, I must admit, that logical trick was some *excellent* lawyering by whoever thought of it.) It’s not coincidence that Judge VanDyke took the unprecedented step of posting a YouTube video criticizing the his colleagues’ logic.
All that being said, judges—especially of the federal appellate court—are inherent incrementalists. So, expecting the Third Circuit to *not* issue a stay until New Jersey’s application for cert and Bonta are fully litigated would be unrealistic.
I’m sure DJT would agree that the separation of powers is a real pain in the ass.