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IL AG Lisa Madigan files for 30 day extension to file cert


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#331 xd9subcompact

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Posted 09 May 2013 - 09:50 AM

I have some questions. It looks like the first step is to ask the 7th for a stay pending the USSC deciding to take up this case. This appears to only require one judge on the 7th to issue. What is the time frame the 7th has from the date the request is made till they must issue a grant or denial? 30 days? No limit? I am thinking it could be slow walked by the court past June 9. I think that because it seems silly to get in a big hurry to grant a stay at the last minute when there has been 6 months to advance the case to the USSC.

#332 cm.stites

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Posted 09 May 2013 - 09:59 AM

the 7th will most likely give gura time to respond so id say within 10 days.. but if shes going to file for cert she will file well before june 9th other wise posners order goes into effect.. if shes going to file it will be may 31st when she does... im not sure how many judges it takes to issue the stay but i belive if it goes to one judge then it has to goto the judge who ordered it....most likley the 7th will deny it anyways and then her only option to get a stay is to file for one pending cert which means she has to file for cert.

#333 TyGuy

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Posted 09 May 2013 - 10:33 AM

...im not sure how many judges it takes to issue the stay but i belive if it goes to one judge then it has to goto the judge who ordered it....



Can anyone respond to that?


*the prefered abbreviation is SCOTUS no USSC :flowers:

Edited by TyGuy, 09 May 2013 - 10:34 AM.

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#334 skinnyb82

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Posted 09 May 2013 - 10:37 AM

CA7 first has to rule on it. Rule...eh....crap I forgot, 41 I think but FRAP Rule something says that respondent has is given 10 days but maybe less but it must be a reasonable amount of time to draft and file a response. Then Lisa may reply to the response. If she is denied a stay then she may apply to Kagan who may either just grant/deny it or take it to the entire court for a ruling.

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#335 TyGuy

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Posted 09 May 2013 - 10:40 AM

But what part of CA7 grants the stay? Posner, any judge, a panel, etc....?

To be granted a stay from SCOTUS she would have to file cert, correct?
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#336 cm.stites

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Posted 09 May 2013 - 10:41 AM

...im not sure how many judges it takes to issue the stay but i belive if it goes to one judge then it has to goto the judge who ordered it....



Can anyone respond to that?


*the prefered abbreviation is SCOTUS no USSC :flowers:


(D) A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge. i believe the single judge would be the chief justice which is easterbrook.

Edited by cm.stites, 09 May 2013 - 10:50 AM.


#337 skinnyb82

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Posted 09 May 2013 - 10:47 AM

Yup, Easterbrook the chief judge and Reagan appointee. That should go over great with him. "We've had since February 22nd to do this but we're doing it now" "No you are not" heh.

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#338 skinnyb82

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Posted 09 May 2013 - 10:48 AM

Or Easterbrook granting it pending a surety bond in the amount of "ridiculous."

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#339 TyGuy

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Posted 09 May 2013 - 10:55 AM

And how did Easterbrook fall with the ruling?
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#340 cm.stites

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Posted 09 May 2013 - 11:03 AM

i dont think he was involved in it at all it was posner,flaum and williams.

#341 TyGuy

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Posted 09 May 2013 - 11:08 AM

But did Easterbrook want an En Banc review or not? Do we know?
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#342 cm.stites

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Posted 09 May 2013 - 11:19 AM

he was one of the 5 that denied her en banc the 4 dissenting judges were Rovner,Wood,Williams and Hamilton

Edited by cm.stites, 09 May 2013 - 11:22 AM.


#343 cm.stites

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Posted 09 May 2013 - 11:25 AM

I love this section of hamiltons dissent though just for clarification to madigans slackys who think the 7th has no say..



Second, despite my disagreement with the panel majority,

it’s important to keep in mind what the panel

did not decide. The panel majority opinion is now the

law of the circuit, and Illinois has 180 days to decide

how to amend its laws.


full denial can be found here http://illinoisccw.o...gan-2-22-13.pdf


Edited by cm.stites, 09 May 2013 - 11:26 AM.


#344 skinnyb82

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Posted 09 May 2013 - 11:58 AM

Yeah that right there is the golden egg. Even though the judge dissents, the judge explicitly states that since en banc was denied, the original ruling stands as the precedent for the Circuit. Even dissenters respect the Constitution and the Court. Unlike Chicago.

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#345 RockerXX

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Posted 09 May 2013 - 12:30 PM

Even dissenters respect the Constitution and the Court.


Yeah, amazing how the real 'constitutional' (and law) scholars even when they don't agree, concede and respect the majority opinion of their peers...

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