They always have a choice, and the California Miller v. Bonta case hasn't been through the 9th yet, so I think SCOTUS will wait until they overturn Judge Benitez (again) before consolidating both cases.
SCOTUS already remanded Miller v. Bonta once to the 9th with orders to reconsider in light of Bruen.
If the 9th comes up with the same conclusion 'in light of Bruen,' then SCOTUS will take it up and set a precedent for the nation.
From the opinion:
“Coming directly to the question whether the weapons and feeding devices covered by the challenged legislation enjoy Second Amendment protection, at the first step of the Bruen analysis, we conclude that the answer is no. We come to this conclusion because these assault weapons and high-capacity magazines are much more like machineguns and militarygrade weaponry than they are like the many different types of firearms that are used for individual self-defense (or so the legislature was entitled to conclude). Indeed, the AR-15 is almost the same gun as the M16 machinegun. The only meaningful distinction, as we already have noted, is that the AR-15 has only semiautomatic capability (unless the user takes advantage of some simple modifications that essentially make it fully automatic), while the M16 operates both ways. Both weapons share the same core design, and both rely on the same patented operating system.”
Yes. Of course they have a choice. And the Circuits with the progressive judges always take their sweet time in issuing their rulings so as to delay the case from making it to SCOTUS.
“If the 9th comes up with the same conclusion ‘in light of Bruen,’ then SCOTUS will take it up and set a precedent for the nation.”
We can’t wait for these loser lower courts to make decisions. The clock is ticking on this one..,illannoy law requires them to be registered by 1/1/2024. Supremes must stay or we’re screwed.