Jump to content


Photo

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


This topic has been archived. This means that you cannot reply to this topic.
344 replies to this topic

#31 Getzapped

    Gunsmith Extraordinaire

  • Members
  • 2,031 posts
  • Joined: 28-April 11

Posted 29 April 2013 - 01:58 PM

Geez! It never ends! If it goes to the supreme court who wants to bet that a Republican Justice decides to retire right before they hear it! Yet another Obama appointee!

logoforum_zps0763fe59.png


#32 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,176 posts
  • Joined: 18-April 05

Posted 29 April 2013 - 02:00 PM

The extension does not relieve the state from the mandates going into effect at the expiration of the 180 day deadline, but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#33 jester121

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPip
  • 612 posts
  • Joined: 06-January 13

Posted 29 April 2013 - 02:01 PM

So..... the deadline is almost a month away, and she knows she's so incompetent she's not going to have her appeal filed in time? Gee Lisa, way to buckle down and get your work done. :blink:

I wish I could just tell my boss I'm going to need an extension on the projects I'm going to start working on this coming summer.

#34 TyGuy

    Member

  • Members
  • 6,828 posts
  • Joined: 10-November 09

Posted 29 April 2013 - 02:02 PM

Geez! It never ends! If it goes to the supreme court who wants to bet that a Republican Justice decides to retire right before they hear it! Yet another Obama appointee!


How much longer do we have to wait for the legislature, AG, etc.... to allow us to exercise our fundamental rights?
ILSP Approved CCW Instructor
NRA Endowment Member
ISRA Member
GOA Member

Buy my stuff!

My favorite post ----- Walmart Thread ----- Ammo Alert Thread ---- Daily Deals Thread

#35 Jfl0

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPip
  • 552 posts
  • Joined: 06-January 13

Posted 29 April 2013 - 02:16 PM

With out seeing the document would this affect the 180 day clock?


To my understanding, it does not.

Our side should refuse a budget vote until our CCW bill is passes.


I would consider that an extremist point of view.

but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.


Could you explain that to me Molly? I don't quite understand what you are saying.
_____________________________
For over 400 years, my ancestors have lived, died, fought for, and bled for this country, and for the constitution. I will take a stand against people who wish to undue this.
_____________________________

#36 KarlJ

    Member

  • Members
  • 2,121 posts
  • Joined: 20-November 12

Posted 29 April 2013 - 02:24 PM

It may or may or may not delay our ability to CC in Illinois but if SCOTUS does hear it, it WILL strengthen our cause.


"Waiting periods are only a step.
Registration is only a step.
The prohibition of private firearms is the goal."

Janet Reno

U.S. Attorney General

1993-12-10

"If the personal freedoms guaranteed by the Constitution inhibit the governments ability to govern the people, we should look to limit those guarantees."

Bill Clinton

1993-08-12

#37 CM_50BMG

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 486 posts
  • Joined: 28-April 11

Posted 29 April 2013 - 02:26 PM

We have been notified that the IL Att. General Lisa Madigan has filed for a 30 day extension to petition for cert to the U.S. Supreme Court in the case of Moore/Shepard vs Madigan.

Will post the document as it becomes available.


document attached

Attached Files


ΜΟΛΩΝ ΛΑΒΕ

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include the government.      -George Washington-


#38 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,176 posts
  • Joined: 18-April 05

Posted 29 April 2013 - 02:33 PM

but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.


Could you explain that to me Molly? I don't quite understand what you are saying.


My understanding is that if the extension is granted, and she does file a petition for cert - she will also ask for a stay on the injunction and most likely get it. I could be wrong.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#39 Rivemor

    Member

  • Members
  • PipPip
  • 142 posts
  • Joined: 23-February 13

Posted 29 April 2013 - 02:35 PM

According to reports they filed a cetiorari petition meaning this is not just asking for a delay but requesting an appeal to the SC for their review. You can see the actual filings here http://capitolfax.co...on-on-gun-case/ Meaning that if they don't get a Chicago carve out or a much larger May Issue they have time to appeal to the SC.

"What this filing does is allow us more time to prepare a petition, and to the extent the legislature takes action before June 9, it allows us to take that action into consideration"

Edited by Rivemor, 29 April 2013 - 02:38 PM.


#40 Talonap

    Member

  • Members
  • 3,448 posts
  • Joined: 12-July 08

Posted 29 April 2013 - 02:36 PM

I guess her being granted the extension is a sure thing - the deciding judge is Kagan...

#41 skinnyb82

    Member

  • Members
  • 7,025 posts
  • Joined: 07-November 12

Posted 29 April 2013 - 02:39 PM

She would have to petition Kagan to stay the mandate pending writ of certiorari AND she would have to petition for writ of cert. This is just an extension. Not a promise to file AFAIK. But her burden of proof is pretty high. She would have to prove irreparable harm if stay is not granted. Good luck with 49 other states having carry statutes. Maybe if the ILGA does nothing. I don't believe she will meet the burden to stay the CA7 mandate. She MUST petition Kagan, her time to petition CA7 ran out on March 1.

Sent from my SCH-R530U using Tapatalk 2

Edited by skinnyb82, 29 April 2013 - 02:40 PM.

NRA Member
SAF Member
C&R License Holder

#42 Talonap

    Member

  • Members
  • 3,448 posts
  • Joined: 12-July 08

Posted 29 April 2013 - 02:45 PM

I think if she petitioned to Kagan for anything she would get it..

#43 patriot1776

    Member

  • Members
  • 2,228 posts
  • Joined: 14-September 12

Posted 29 April 2013 - 02:47 PM

I called this one the day after the 180 days was given. Delay, Delay some said 2015 at the earliest for a CCW permit . Interesting what may lie hidden in the shadows .

#44 82Bulldog

    Member

  • Members
  • Pip
  • 67 posts
  • Joined: 27-December 12

Posted 29 April 2013 - 02:48 PM

The extension does not relieve the state from the mandates going into effect at the expiration of the 180 day deadline, but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.

I agree, and this development suggests that no carry bill will be passed until SCOTUS rules on the State's Cert.Petition.
The State's Cert. Petition would be rendered moot if a carry bill is passed.

#45 skinnyb82

    Member

  • Members
  • 7,025 posts
  • Joined: 07-November 12

Posted 29 April 2013 - 02:51 PM

Might I add that this is is INCREDIBLY stupid on her part and she's handing the primary to Quinn if she petitions, writ is granted and she loses. Scalia has gotta be salivating right now...drooling like a Saint Bernard.

Gura has two options once petition for writ is filed, IF it is filed. One, file a response and let the court go on recess without conferencing and in that case, cert is much more likely to be granted if petition and response is filed after last conference and it stews over recess. Two, he can waive response (indicating it's a frivolous petition) and SCOTUS can conference prior to recess, grant or deny writ and if granted, it'll be be put on the fall calendar. Like I said this is really stupid.

Sent from my SCH-R530U using Tapatalk 2


NRA Member
SAF Member
C&R License Holder

#46 Buzzard

    Member

  • Members
  • 9,388 posts
  • Joined: 29-March 07

Posted 29 April 2013 - 02:55 PM

Our side should refuse a budget vote until our CCW bill is passes.


I second the motion.

#47 blazzinbird

    Member

  • Members
  • 2,013 posts
  • Joined: 22-February 13

Posted 29 April 2013 - 02:56 PM

There went Lisa for governor

If you like your gun, you can keep it...... But only if you don't vote for Hillary next year.

 

A right delayed is a right denied....


#48 patriot1776

    Member

  • Members
  • 2,228 posts
  • Joined: 14-September 12

Posted 29 April 2013 - 02:58 PM

We will see , these people are dumb like a fox, i see judicial retirements coming and long drawn out appointment hearings . That spells DELAY.

#49 Drylok

    Member

  • Members
  • 8,739 posts
  • Joined: 15-February 08

Posted 29 April 2013 - 03:00 PM

I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

Now two flags fly above my land that really sum up how I feel. One is the colors that fly high and proud the red, the white, the blue. The other ones got a rattle snake with a simple statement made, don't tread on me, is what it says and I'll take that to my grave
-Aaron Lewis-

#50 ops144

    Member

  • Members
  • PipPipPipPipPipPipPip
  • 359 posts
  • Joined: 22-January 06

Posted 29 April 2013 - 03:01 PM

I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.

my rig is shipping today lol

#51 Buzzard

    Member

  • Members
  • 9,388 posts
  • Joined: 29-March 07

Posted 29 April 2013 - 03:01 PM

The wife and I attended a GOP "Lincoln dinner" fundraiser Saturday. Lots of high ranking Republicans in attendance. I'd list them all, but I think you them all. A lot of blustering about concealed carry in the speeches, followed by applause. So the will is there, at least outside of Cook county.

#52 Getzapped

    Gunsmith Extraordinaire

  • Members
  • 2,031 posts
  • Joined: 28-April 11

Posted 29 April 2013 - 03:05 PM

If she is asking for an extension, it seems to me that she is planning on filing! Why else would you ask for an extension? I think it would be a real a** move to bother the judges for an extension and then say "Ah, forget it, but thanks for the extension anyway!"

logoforum_zps0763fe59.png


#53 Jfl0

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPip
  • 552 posts
  • Joined: 06-January 13

Posted 29 April 2013 - 03:08 PM

I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.


I hear ya there, buddy. Three weeks until I get my degree all tightened up and the day I get it in the mail; the next day I am booking it out of Illinois back for the east coast (where it is PRO-2A friendly; the friendly parts of it anyways).

I made a good call not rooting myself here in Illinois.

Edited by Jfl0, 29 April 2013 - 03:09 PM.

_____________________________
For over 400 years, my ancestors have lived, died, fought for, and bled for this country, and for the constitution. I will take a stand against people who wish to undue this.
_____________________________

#54 TyGuy

    Member

  • Members
  • 6,828 posts
  • Joined: 10-November 09

Posted 29 April 2013 - 03:09 PM

I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.


:ninja:
ILSP Approved CCW Instructor
NRA Endowment Member
ISRA Member
GOA Member

Buy my stuff!

My favorite post ----- Walmart Thread ----- Ammo Alert Thread ---- Daily Deals Thread

#55 Buzzard

    Member

  • Members
  • 9,388 posts
  • Joined: 29-March 07

Posted 29 April 2013 - 03:11 PM

Is this the appeal that could possibly overturn may issue in other states? You know, the one everyone ws saying Bloomberg would **** if Lisa appealed.


Wondering the same. If it were to go to SCOTUS, chances are, the case wouldn't be brought up for a couple years? Ultimately after a 2014 Governor of Illinois election.


I'm guessing it would be heard next Spring with a decision by Summer 2014.


And how many victims will there be in the meantime??

With all this posturing, I'm almost ready to move to the "run it over the cliff" camp.

#56 blazzinbird

    Member

  • Members
  • 2,013 posts
  • Joined: 22-February 13

Posted 29 April 2013 - 03:13 PM

Buzzard there is room here for you, this is going to help it go over the cliff

If you like your gun, you can keep it...... But only if you don't vote for Hillary next year.

 

A right delayed is a right denied....


#57 Drylok

    Member

  • Members
  • 8,739 posts
  • Joined: 15-February 08

Posted 29 April 2013 - 03:14 PM

I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.


:ninja:

Ya I'm thinking it would be best if I didn't post on here for a while, think I'll just stay in the gear and training forums but you boys up N know exactly what I'm thinking
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

Now two flags fly above my land that really sum up how I feel. One is the colors that fly high and proud the red, the white, the blue. The other ones got a rattle snake with a simple statement made, don't tread on me, is what it says and I'll take that to my grave
-Aaron Lewis-

#58 Smittyp83

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPip
  • 516 posts
  • Joined: 30-October 08

Posted 29 April 2013 - 03:15 PM

(disregard - found my answer)

Edited by Smittyp83, 29 April 2013 - 03:16 PM.

[Posted Image

#59 kevinmcc

    Member

  • Members
  • 2,561 posts
  • Joined: 16-December 12

Posted 29 April 2013 - 03:16 PM

They should refuse to allow an extension past June 8th.

.


They should make the decline decision on June 8th. :devil:
Life Member, Gun Owners of America
Life Member, NRA
Life Member, Oath Keepers
Life Member, Second Amendment Foundation

#60 patriot1776

    Member

  • Members
  • 2,228 posts
  • Joined: 14-September 12

Posted 29 April 2013 - 03:16 PM

Now everyone will see what lies in the hearts of these people . The end will justify the means , they will stop at nothing.