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9th U.S. Circuit Court of Appeals

Jan. 30, 2024

Gun advocates challenge legality of 9th Circuit panel

The dispute revolves around whether the 9th Circuit limited en banc panel that granted the state’s motion for a stay of Senior U.S. District Judge Roger T. Benitez’s order has the legal authority to consider the appeal at all.

Is the 9th U.S. Circuit Court of Appeals en banc panel that will decide whether the state’s large capacity gun magazine ban is constitutional legal?

Paul D. Clement, a partner with Clement & Murphy PLLC and a solicitor general under President George W. Bush, argued that it is not in a case that has already sparked sharp divisions on the appellate court.

The issue does not directly concern the underlying meri...

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