First, each day judgement is delayed is another day Plaintiffs are denied the exercise of their right to choose common magazines for the fundamentally important purpose of self-defense. Denial of a fundamental right is irreparable injury—even if for a moment.
This ongoing constitutional harm is no less severe simply because, as the State argues, the exercise of that right has already been prohibited for two decades. Mot. 9:26-10:3. In fact, it perhaps makes the continued denial of the right worse.
Anna M. Barvir
April 3, 2019
VIRGINIA DUNCAN, et al., v. XAVIER BECERRA
PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL
[And yet, the stay was granted.—Joe]