The 9th already upheld Benitez’s suspension of the law. Strong support for their holding of this decision.
The decision From Judge Benitez came down today. The State has not had time to appeal or request an injunction unless it was an "emergency injuction". The 9th will stay the order and WILL overturn this.
Reading Judge Benitez' ruling, check out this outstanding statement:
This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.Imagine if we had Judges like this throughout the courts!
Well, it was only a three judge panel of the 9th, so the full court might still do the kind of thing we have gotten used to from the 9th. But the state could likely have asked for an en banc review at the time and didn’t, so the tea leaves may have pointed to what you are presuming. Hoping that’s the case ...