In line with her comments regarding her personal bias prior to hearing arguments, she determined that magazines aren’t covered by the 2A and even if they were, banning them fits within history and tradition, because… um… yeah, it gets a bit muddy after that. Still waiting on Benitez to issue the opinion in his case.
I’d like to see the numbers she’s working with. When the majority of modern firearms are sold with magazines that have a capacity of 15+ rounds, my suspicion is that statement is incorrect.
It does raise an interesting concern, though. As capacity bans are rolled out in more states, what is commonly used will change.
There is no basis, she made it up to ignore the Constitution.
I believe her argument was that “in use” meant to her like activity shooting threats with 11th-30th rounds in the magazine.