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Subdeacon Joe

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Everything posted by Subdeacon Joe

  1. I just spent 20 minutes looking. Either the video quality was, shall we say, less than optimal, or they were in route step. Or it was their first or second day. Weird.
  2. Summary: Federal Second Amendment challenge to the State of California’s ban on firearm purchases by legal, law-abiding adults over the age of 18 but under the age of 21. Plaintiffs: Matthew Jones, an adult under the age of 21; Thomas Furrh, an adult under the age of 21; Kyle Yamamoto, an adult under the age of 21; PWGG, L.P. (D.B.A. Poway Weapons And Gear and PWG Range); North County Shooting Center, Inc.; Beebe Family Arms and Munitions Llc (D.B.A. BFAM and Beebe Family Arms And Munitions); Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; and Second Amendment Foundation Defendants: California Attorney General Xavier Becerra; California DOJ Bureau of Firearms Chief Martin Horan; Does 1-20 Litigation Counsel: John W. Dillon, Gatzke Dillon & Ballance LLP https://www.firearmspolicy.org/jones Let's see if this works: https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5345/attachments/original/1579047451/2020-1-14-jones-order-denying-amicus-motions.pdf?1579047451 Pending before the Court are three separate motions for leave seeking to participate in the litigation regarding Plaintiffs’ currently-pending Motion for Preliminary Injunction [doc. 21]. Docs. 26, 27, 33. After reviewing each motion, the Court DENIES each motion. A “district court has broad discretion to appoint amici curiae.” Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds, Sandin v. Conner, 515 U.S. 472 (1995). “[T]he consideration of an amicus brief is solely within the discretion of the court and is seldom appropriate at the level of the trial level where the parties are adequately represented by experienced counsel. ForestKeeeper v. Elliott, 50 F.Supp.3d 1371, 1380 (E.D. Cal. 2014) (citing Ryan v. CFTC, 125 F.3d 1062, 1063 (7th Cir. 1997). Giffords Law Center to Prevent Gun Violence (“Giffords Law Center”) seeks leave to file an amicus curiae brief in support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction [doc. 25]. Doc. 26 at 2. Giffords Law Center is a non-profit policy organization dedicated to defending laws to effectively reduce gun violence. Id. As such, the Court finds the Giffords Law Center is more akin to a partisan advocate than an objective third party. In fact, the instant motion asserts that the amicus brief “present data and social science that support California’s restrictions on 18-to-20-year-olds’ ability to purchase an possess firearms.” Doc. 26 at 4. While this Court recognizes that “[t]here is no rule . . . that amici must be totally disinterested[,]” Plaintiffs’ objection demonstrates that the Giffords Law Center’s position should be more accurately termed friend to Defendant Xavier Becerra than a friend to the Court. Accordingly, the Court will not consider the Giffords Law Center’s amicus brief as its’ usefulness is diminished at the trial level due to its obvious partisanship. Therefore, Giffords Law Center’s motion for leave to file an amicus curiae brief [doc. 26] is DENIED. Case 3:19-cv-01226-L-AHG Document 51 Filed 01/14/20 PageID.7990 Page 2 of 4 3 19-CV-01226-L-AHG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Everytown for Gun Safety Support Fund (“Everytown”) similarly requested leave to file an amicus curiae brief in support of Defendant’s opposition to Plaintiffs’ preliminary injunction motion. See Doc. 27. Everytown contends that its brief will provide the Court with the historical backdrop necessary to evaluate the Second Amendment challenges to firearms regulations. Id. at 3. However, this is not a perspective beyond what Defendant’s attorneys could provide on their own. Moreover, like Giffords Law Center, Everytown’s partisanship is apparent. The Court finds that the amicus brief may prejudice Plaintiffs on the trial level because the brief allows Defendant to have a proverbial “another bite of the apple” due to partisan influence. See Eugene Temchenko, Discovering the Truth Behind an Amicus Brief, 94 N.D. L. Rev. 95, 104 (2019) (“[A]n amicus brief would focus the court's attention on the relevant piece of evidence as well as amplify its effect. Moreover, the very language that an amicus uses can influence the court.”) Accordingly, Everytown’s motion for leave to file an amicus curiae brief [doc. 27] is DENIED. Brady also seeks leave to participate as amicus curiae and to file a Brief in support of Defendant’s Opposition to Plaintiffs’ Motion for a Preliminary Injunction. See Doc. 33. Unlike the other movants, Brady conferred with the parties’ counsel and obtained Plaintiffs’ counsel’s consent to file the amicus brief on the following conditions: (1) the Court’s permission; (2) a filing deadline of January 3, 2020; (3) a 13-page limit on Brady’s brief; and (4) allowing Plaintiffs to either file a separate opposition to the Brady’s brief not to exceed seven (7) pages or file one reply brief not to exceed seventeen (17) pages in order to address both the opposition and amicus brief. Id. at 4. The Supreme Court recognizes that “district courts have the inherent authority to manage their dockets and courtrooms with a view toward the efficient and expedient resolution of cases.” Dietz v. Boudin, 135 S.Ct. 1885, 1892 (2016) Case 3:19-cv-01226-L-AHG Document 51 Filed 01/14/20 PageID.7991 Page 3 of 4 4 19-CV-01226-L-AHG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (citations omitted). The Court finds that allowance of Brady’s amicus brief and proposed briefing schedule would disrupt the efficient administration of this case at the trial level as granting this motion would necessarily mandate Plaintiffs to submit filing in violation of this Court’s Local Rules. Civil L.R. 7.1.h. (“No reply memorandum will exceed ten (10) pages without leave of the judge.”). As such, the Court DENIES Brady’s motion [doc. 33] in its inherent authority to manage its docket and its discretion regarding amicus filings. Moreover, the Court hereby DENIES five (5) Requests to Appear Pro Hac Vice [docs. 41-45] submitted by attorneys attempting to make appearance for Everytown. The Court will not be considering Everytown’s amicus brief for the reasons stated above. Additionally, the Clerk’s Office approved these requests in error as the form applications are incomplete. Each request fails to disclose that the requesting attorney has requested pro hac vice status previously which was denied. As such, these requests shall not be approved. The Clerk’s Office is instructed to again deny these requests. IT IS SO ORDERED. Dated: January 14, 2020
  3. They are serving. Period. The only things that really caught my notice were that the DI is a good looking lady and the line in the chant about "airmen falling from the sky." Correct me if I'm wrong, but shouldn't the only airmen who fall from the sky be the Pararescue?
  4. The Babylon Bee did some excellent reporting on the rally in VA today: Reporters expressed their grief and condolences as the violence they hyped has so far failed to materialize. "Nobody has so much as fired a shot. This is an unbelievable tragedy," said one teary-eyed MSNBC reporter, clearly caught up in the anguish of the moment. "It's tragic that we live in a country where reporters who are just minding their own business trying to push a narrative can have everything ripped away from them in an instant when protesters refuse to shoot at people." And, yes, I know it is satire. Satire with a lot of truth behind it.
  5. "You have to go out. You don't have to come back." https://ftw.usatoday.com/2018/12/coast-guard-training-in-massive-surf-captured-in-stunning-photos?utm_source=outbrain_ftw&utm_medium=recirc&utm_campaign=rail&obOrigUrl=true https://coastguard.dodlive.mil/2009/09/surf-training-at-station-bodega-bay/
  6. Only in that it buttresses the "no religious test" clause. Not the modern OHMYGAWD THAT PERSON SAID GOD BLESS YOU WHEN SOMEONE SNEEZED!!! Yes, I have seen people come unglued like that when a member of the city council said God bless you when someone sneezed. Kept ranting about SEPARATION OF CHURCH AND STATE!!! until an apology was issued.
  7. Dawn KarduxFollow January 14 at 7:28 AM Wise Advice from a Farmer's Wife Whenever you return a borrowed pie pan, make sure it's got a warm pie in it. Invite lots of folks to supper. You can always add more water to the soup. There's no such thing as woman's work on a farm. There's just work. Make home a happy place for the children. Everybody returns to their happy place. Always keep a small light on in the kitchen window at night. If your man gets his truck stuck in the field, don't go in after him. Throw him a rope and pull him out with the tractor. Keep the kerosene lamp away from the the milk cow's leg. It's a whole lot easier to get breakfast from a chicken than a pig. Always pat the chickens when you take their eggs. It's easy to clean an empty house, but hard to live in one. All children spill milk. Learn to smile and wipe it up. Homemade's always better'n store bought. A tongue's like a knife. The sharper it is the deeper it cuts. A good neighbor always knows when to visit and when to leave. A city dog wants to run out the door, but a country dog stays on the porch 'cause he's not fenced-in. Always light birthday candles from the middle outward. Nothin' gets the frustrations out better'n splittn' wood. The longer dress hem, the more trusting the husband. Enjoy doing your children's laundry. Some day they'll be gone. You'll never catch a runnin' chicken but if you throw seed around the back door you'll have a skillet full by supper. Biscuits brown better with a little butter brushed on 'em. Check your shoelaces before runnin' to help somebody. Visit old people who can't get out. Some day you'll be one. The softer you talk, the closer folks'll listen. The colder the outhouse, the warmer the bed. PLEASE REMEMBER EVERYONE!: Say something when you see a post you like! *saying anything is fine* it helps you KEEP seeing them every day!
  8. You lie, in faith, for you are called plain Kate, And bonny Kate, and sometimes Kate the curst, But Kate, the prettiest Kate in Christendom, Kate of Kate Hall, my super-dainty Kate— For dainties are all Kates—and therefore, Kate, Take this of me, Kate of my consolation: 185Hearing thy mildness praised in every town, Thy virtues spoke of, and thy beauty sounded— Yet not so deeply as to thee belongs— Myself am moved to woo thee for my wife.
  9. Thanks. I like that as I was composing (on my phone) a response referencing the Danbury letters you had posted it. Their concern was, since they were being treated as 2nd class citizens by the majority religion of CT, that something similar might happen on the national level. There is no hint in Jefferson's response that, as many seem to claim, that religious belief was to be kept out of the public forum (government), rather, he assured them that the government would not meddle in their free exercise of their religion. It is not the ban on all religious thought in government. I'll note that the Constitution in Art. 6 prohibits any religious tests, the implication being that your beliefs may follow you into public service. A clause that both of my US Senators seem to have never read.
  10. Ah ... no. They prohibited the establishment of a State religion. Read the letter from the Danbury Baptists to President Thomas Jefferson and his reply, a reply that gives us the phrase about a "wall of separation between church and State." Amazing how many people think that phrase is in the Constitution. Re the Bill of Rights, from WV Board of Education v Barnett, "The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." Everything is off the political table.
  11. Great game by the Chiefs. In the first quarter it looked like the Titans would walk away with it. Then the Chiefs got it figured out. As a native Californian I'm rooting for the 9ers in their game. If they win, I'll root for them in the Superbowl. If Green Bay wins, I'll root for the Chiefs in the Superbowl since I tend to like the AFC teams over the NFC teams.
  12. https://www.youtube.com/watch?v=rZQzXJ85cdM
  13. I usually make the batter about 9 p.m. so I can cook them the next morning. I have done it with a shorter rise - make the batter at about 5 a.m. to cook at about 9 a.m.
  14. If you read some of the articles about this you will see that at least this branch doesn't use masks and, at least from the snippets in the articles, wants to distance itself from the CA and OR violent branches.
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