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Virginia Judge Blows It


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Posted

Not a jurist!! This is a silpleton politician who sits in a judge’s seat!!

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Posted

The process here is something I see regularly. The case is at the preliminary injunction stage, not the merits stage.

 

At the preliminary stage, courts do an interest balancing evaluation. Not just for 2A cases or even other rights cases, this weighing is the default for all cases for which there are as yet no "judicial facts."

 

This issue, if not this case, may percolate up to the supreme court at some point. In many hearings, maintaining the status quo (leaving the law the way it was) should probably carry more weight than interest balancing. But this could also result in more outcomes deciding the plaintiff does not have standing, failed to state a claim, and other escape hatches.

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