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Shepard Update 3/30


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And this dismissal was from what was to be the "better" of the venues between Shepard and Moore?

 

I guess we know even more what to expect when Moore is ruled on......

 

Moore was ruled on and dismissed at this district level several weeks ago!

 

My mistake.....

 

Soooooo....just how long do we anticipate with this appeal process.....months, years, generations?

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And this dismissal was from what was to be the "better" of the venues between Shepard and Moore?

 

I guess we know even more what to expect when Moore is ruled on......

 

Moore was ruled on and dismissed at this district level several weeks ago!

 

My mistake.....

 

Soooooo....just how long do we anticipate with this appeal process.....months, years, generations?

 

I believe McDonald took about two years from district to Scotus. But that was considered light speed judicially speaking. We can only hope for as much in Shepard and/or Moore.

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As much as I hate hearing this, it doesn't surprise me. This case has the potential to change Illinois as we know it. It will take nothing less than a SCOTUS ruling to make that happen -- no mere "underling" will issue a ruling like that.....

 

So, in the words of the immortal Blutus:

 

Over? Did you say "over"? Nothing is over until we decide it

is! Was it over when the Germans bombed Pearl Harbor??????

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It seems the other side's tactic at this point is to do everything they can to delay the progress of this case as it slowly grinds its way to SCOTUS in hopes that the makeup of the court will be changed by the time the case gets there. That is their only way of winning. Our best hope is that the appellate court puts them on the defensive and forces them to appeal to SCOTUS. It would be all the better if the 7th circuit appeals court rules in our favor and doesn't grant a stay in the opinion pending the appeal.
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It seems the other side's tactic at this point is to do everything they can to delay the progress of this case as it slowly grinds its way to SCOTUS in hopes that the makeup of the court will be changed by the time the case gets there. That is their only way of winning. Our best hope is that the appellate court puts them on the defensive and forces them to appeal to SCOTUS. It would be all the better if the 7th circuit appeals court rules in our favor and doesn't grant a stay in the opinion pending the appeal.

At this point, it seems as if "the other side's tactic", is working.

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It seems the other side's tactic at this point is to do everything they can to delay the progress of this case as it slowly grinds its way to SCOTUS in hopes that the makeup of the court will be changed by the time the case gets there. That is their only way of winning. Our best hope is that the appellate court puts them on the defensive and forces them to appeal to SCOTUS. It would be all the better if the 7th circuit appeals court rules in our favor and doesn't grant a stay in the opinion pending the appeal.

 

 

There are practical reasons that scenario is unlikely. If you are the appeals court are you going to not stay it pending the inevitable appeal and have people in Illinois start carrying based on the ruling and then have SCOTUS decide the other way?

 

We may see a SCOTUS ruling on point in June of 2013. Probably not though. I don't think these cases can get thru the system fast enough. It seems more likely that any ruling on these cases that is final would not be until June of 2014. But even then it would probably get thrown back to the lower court to implement.

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So let's get this straight, the judge acknowledges RKBA is a core right in the home. But the goes from core right to NO RIGHT outside the home?

Not even a lowered scrutiny for a fundamental right outside the home just a complete denial they exist at all outside your home.

 

Decisions like this are ripe for reversal. I hope the authors of the appeal let it show the incompetence of this judges reasoning (excuses).

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Hope it's not just wishful thinking, but it is possible that the Shepard v Madigan ruling may speed things up in the long run. A split between the 4th and 7th circuits seems likely (unless the 7th rules in our favor which is by no means a certainty) which would bring the issue to SCOTUS. On the other hand, who knows what SCOTUS will rule.
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To me, this graph shows how Illinois suffers from gross mismanagement, not just a temporary slump. When the number of employed persons shrinks this much, figure on the tax base shrinking due to unemployment AND people moving out of state. Yet the same idiots who have no solutions keep getting re-elected. Maybe we should focus on the revenue benefits from RTC (fees plus keeping good people from moving away).

post-3739-133320716813.jpg

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To me, this graph shows how Illinois suffers from gross mismanagement, not just a temporary slump. When the number of employed persons shrinks this much, figure on the tax base shrinking due to unemployment AND people moving out of state. Yet the same idiots who have no solutions keep getting re-elected. Maybe we should focus on the revenue benefits from RTC (fees plus keeping good people from moving away).

 

There is no need for the state to worry about a shrinking tax base. They've raised all taxes to compensate with ZERO resistance. Those "idiots" have already implemented the solutions. What budget problem ah? It's da Chicago solution, see.

 

http://www.illinoiscarry.com/forum/uploads/monthly_02_2012/post-3640-132813880723.png

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As much as I hate hearing this, it doesn't surprise me. This case has the potential to change Illinois as we know it. It will take nothing less than a SCOTUS ruling to make that happen -- no mere "underling" will issue a ruling like that.....

 

So, in the words of the immortal Blutus:

 

Over? Did you say "over"? Nothing is over until we decide it

is! Was it over when the Germans bombed Pearl Harbor??????

 

 

 

My thoughts exactly. Heller (unfortunately) didn't expand the rights outside the home. Heller was a toehold. These cases are reaching for the summit. It's going to take time and NO judge wants to stick their neck out on the line - even though WE see this as a clear-cut issue.

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Just like everyone on here was assuming Moore would go our way, and Shepard would go our way, they are assuming SCOTUS will go our way. Kennedy is a huge wild card, and the court can easily change with just one appointment. Our best bet still remains legislation in Springfield.

I agree. Our best bet for RTC is through legislation in Springfield. I will be old(er) and grey(er) by the time this is settled in the courts - if ever. As 'Wilessiuc' reminds us, there is no guarantee we would win this in the present makeup of the SCOTUS. And what lies ahead in the future? We are just a heart attack or stroke away from a Liberal SCOTUS.

 

What kind of judicial appointments could we expect from Mitt Romney? I think we'd be lucky to expect a judge with a moderate ideology. A Conservative judge seems too much to hope for. I'd feel much more secure with Santorum in the Oval office. Because I know what to expect from Obama appointments - more Liberal justices that can't even be trusted to respect the law and not break it. I offer this example - SCOTUS Justice Elena Kagan is an Obama appointee:

 

My link

 

Supreme Court Justice Elena Kagan will be in clear violation of federal law by virtue of her decision to hear the Affordable Care Act case coming before the Supreme Court today.

 

Upon joining the other justices to hear oral arguments she will fracture the federal statute which demands that judges recuse themselves from participation in a case "where he has served in governmental employment and in such capacity participated as council, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy."

 

And according to emails obtained by the Media Research Center as the result of a 2010 Freedom of Information Act lawsuit against the DOJ, not only did she advise DOJ attorneys and express opinions concerning the merits of ObamaCare, she lied to the Senate Judiciary Committee during her confirmation hearings by answering "No" when asked specifically if she had any involvement in preparing the government's defense for ObamaCare.

 

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I tread a very fine line as I write this. I'm getting to a point where I'm starting to ask, when is enough, well enough? I'm sick of everything with this state, as many here are, but seriously, can't we 'modify' sections of the UUW/AUUW? Has anyone bothered doing that? We did not have a ban on carrying guns in this state until 1961 if I'm not mistaken, and the UUW/AUUW is part of that. It seems to me that, if we fail yet again this year (I'm expecting the worst, but preparing for the best) we should try gutting the AUUW/UUW of it's teeth, get rid of the sections that involve charging people with felonies, and make it only apply to them if they did not have a FOID. I really fear that if we don't get the permit system passed soon, people will throw their hands in the air and just carry for the heck of it (seeing as the majority of UUW cases get dismissed because the subject was unlawfully searched).
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You won't get concealed carry in Illinois via the courts until SCOTUS decides to hear it. Face it. Sad but true.

 

You can try to get CCW passed by legislation but honestly I feel we will have to wait and try to get rid of Quinn in the next election in order to have another real shot. We were better off not getting a ruling on Shepard so soon, and trying to get the 71 votes. Now that both of our cases were dismissed our legislature has no fear or obligation to vote yes.

 

I predict at least another 2 years. Hopefully I'm very wrong.

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How can luck be so bad. First the anti's spin the Florida tragedy into a national furor with New Mexico dropping reciprocity for Florida permits and dashing the Chicago fence sitting politicians back to the "no way in heck" column. Then the judge in Shepherd v Madigan coming from left field with this "in your home" nonsense. It looks like we are back to this for the foreseeable future:

 

http://dl.dropbox.com/u/36782200/20120122_175335.jpg

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