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Madigan files for 30 extension to stay


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#61 stage1

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Posted 03 June 2013 - 06:52 PM

the longer they stall the more time home rule communities have to create ordinances.

what he said! That's probably whats going on here

#62 spu69

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Posted 03 June 2013 - 06:53 PM

Wouldn't she had to have done this more than 10 days before the deadline to give the other side in the suit an opportunity to respond??

#63 Tvandermyde

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Posted 03 June 2013 - 06:54 PM

https://ecf.ca7.usco...bf31a3d241828d5
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
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#64 spu69

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Posted 03 June 2013 - 06:55 PM

https://ecf.ca7.usco...bf31a3d241828d5


Free view of the requested document(s) is no longer available.
Please go to PACER and view the document(s).

Note: To access restricted documents,
please log in to CM/ECF and go to PACER

Edited by spu69, 03 June 2013 - 06:55 PM.


#65 KarlJ

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Posted 03 June 2013 - 06:57 PM

Todd, do you have a take on this situation?

Edited by KarlJ, 03 June 2013 - 06:58 PM.

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

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

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#66 fubarud

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Posted 03 June 2013 - 06:59 PM

Linky no worky
Articles common to your handbag that make useful defense weapons.

nail file
rat tail comb
teasing brush
pens and pencils
keys
anything rigid

#67 chidiver

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Posted 03 June 2013 - 07:00 PM

Either this was "the plan all along" or the downstate dems better send a clear message to Madigan that this won't fly downstate.

Or...she fully expects to fail..and can say to her gun grabbing friends "I did all I could."

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#68 Talonap

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Posted 03 June 2013 - 07:02 PM

My guess is she can do this and show the anti-gun crowd that she will not bow down to the pro-gun crowd while really doing nothing to hurt the bill which will eventually become law. And on the campaign trail she can blame it all on Quinn since it IS her job to protect the state's interests and the Illinois Constitution does give the governor 60 days to "decide" to sign a bill or not. She can claim it was his demand and she had little choice but to do his bidding.....

I don't know diddly about the legal side of it but from the political side it would seem she really has nothing to loose and quite a bit to gain strategically.....

If that's the case, Quinn should mess up her plans and sign the bill now.. Or request it from the ILGA if they don't get it to him soon.

#69 Rem870

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Posted 03 June 2013 - 07:03 PM

I'm not surprised at all they would do this. It's a stall tactic. I agree as mentioned above this is to give more time for home rule communities to pass some bans

#70 cm.stites

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Posted 03 June 2013 - 07:03 PM

Wouldn't she had to have done this more than 10 days before the deadline to give the other side in the suit an opportunity to respond??

no its not an appeal for cert at scotus. its to prevent posners ruling from going into effect the 9th.

#71 McCroskey

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Posted 03 June 2013 - 07:06 PM

How much longer are they gonna sandbag? My guess is as long as it takes for all of their lapdog municipalities to pass AWBs and/or institute registration schemes for long guns. I hope to God the court denies this blatant time wasting. They have had SIX MONTHS.

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#72 spu69

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Posted 03 June 2013 - 07:06 PM

Wouldn't she had to have done this more than 10 days before the deadline to give the other side in the suit an opportunity to respond??

no its not an appeal for cert at scotus. its to prevent posners ruling from going into effect the 9th.

I understand that, it is a request push the 180 day deadline. If I was the opposing attorney in that case, I sure would like to weigh in. IANAL, so I don't know the rules...

#73 chidiver

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Posted 03 June 2013 - 07:08 PM

I go with "the plan all along". It blunts the "daddys little tool" campaign. Whether its meant to succeed or not. She's not helping Quinn..just taking another arrow out of his campaign quiver.

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#74 Graybeard

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Posted 03 June 2013 - 07:11 PM

Not really sure I think it's 50/50 on whether she gets more time. The court may say that nine days (basically what the Governor is getting) to review is enough time. May also put off the 7th because if there really was so much concern the bill should have gone to the Governor earlier. Honestly, you never know but I don't think she will get the 30 days and the Gov. will have to sign because if anything this is telling us that they are taking the 9th very seriously. Her ability to file requesting cert runs out on the 24th but I don't think she is about to do that anyway. Either way at worst it may be that we are only talking about a delay. The bill has passed both houses and that is that with the bill.

My guess, I think we will have a new law by the 9th

#75 cm.stites

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Posted 03 June 2013 - 07:13 PM

Not really sure I think it's 50/50 on whether she gets more time. The court may say that nine days (basically what the Governor is getting) to review is enough time. May also put off the 7th because if there really was so much concern the bill should have gone to the Governor earlier. Honestly, you never know but I don't think she will get the 30 days and the Gov. will have to sign because if anything this is telling us that they are taking the 9th very seriously. Her ability to file requesting cert runs out on the 24th but I don't think she is about to do that anyway. Either way at worst it may be that we are only talking about a delay. The bill has passed both houses and that is that with the bill.

My guess, I think we will have a new law by the 9th

I think she screwed the pooch on being able to appeal when she requested this stay of his order "so they can review the bill"

#76 Capt_Destro

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Posted 03 June 2013 - 07:17 PM

I feel furious...

I wonder if we should politely light up Quinn's phone lines..
When picking a firearm, you want one that is like a heavy chick. A gun that is reliable, doesn't mind getting rough, and one that goes bang every time. What's the point of having something pretty looking it isn't up for the task?

#77 Graybeard

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Posted 03 June 2013 - 07:18 PM

I don't agree this was the plan. I think the AG is doing what she has to do. its her job. That democrat primary for governor is going to be cruel and Madigan cannot afford to loose conservative and pro-gun downstate democrats or pro-gun Northern democrats later on to Rutherford. There is allot of stuff going on that is why democrats are not pushing same sex marriage, they cannot afford to loose liberal democrats that because of religion will not go for same sex marriage. By the way the Speaker is nowhere to be found, he left on vacation.

#78 Graybeard

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Posted 03 June 2013 - 07:20 PM

Not really sure I think it's 50/50 on whether she gets more time. The court may say that nine days (basically what the Governor is getting) to review is enough time. May also put off the 7th because if there really was so much concern the bill should have gone to the Governor earlier. Honestly, you never know but I don't think she will get the 30 days and the Gov. will have to sign because if anything this is telling us that they are taking the 9th very seriously. Her ability to file requesting cert runs out on the 24th but I don't think she is about to do that anyway. Either way at worst it may be that we are only talking about a delay. The bill has passed both houses and that is that with the bill.

My guess, I think we will have a new law by the 9th

I think she screwed the pooch on being able to appeal when she requested this stay of his order "so they can review the bill"


If you mean filing for cert? Yeap she will run out of time. But I don't see her doing that anyway. Way too much can go wrong politically.

#79 C0untZer0

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Posted 03 June 2013 - 07:20 PM

IMO it's just a safety measure to prevent the state from converting to court carry on June 9th if Quinn hasn't signed it.

But the consequence of it will be that Quinn is under less pressure to sign it the state is granted the stay of mandate.
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#80 cm.stites

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Posted 03 June 2013 - 07:21 PM

I don't agree this was the plan. I think the AG is doing what she has to do. its her job. That democrat primary for governor is going to be cruel and Madigan cannot afford to loose conservative and pro-gun downstate democrats or pro-gun Northern democrats later on to Rutherford. There is allot of stuff going on that is why democrats are not pushing same sex marriage, they cannot afford to loose liberal democrats that because of religion will not go for same sex marriage. By the way the Speaker is nowhere to be found, he left on vacation.

shes gonna lose em by further delaying their rights. and they may take that out on the downstate dems in both the senate and house.

#81 Elderberry

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Posted 03 June 2013 - 07:25 PM

I don't agree this was the plan. I think the AG is doing what she has to do. its her job. That democrat primary for governor is going to be cruel and Madigan cannot afford to loose conservative and pro-gun downstate democrats or pro-gun Northern democrats later on to Rutherford. There is allot of stuff going on that is why democrats are not pushing same sex marriage, they cannot afford to loose liberal democrats that because of religion will not go for same sex marriage. By the way the Speaker is nowhere to be found, he left on vacation.


Yes... I think GB has nailed it with this reasoning. I don't think it is about guns or gun laws directly (although I suppose Quinn would love to give all the home rule folks extra time for more sillyness) but instead, it is about the run for governor and they are all trying to position themselves for the primary....

I'll put something clever and witty here when I think of something.........

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#82 chidiver

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Posted 03 June 2013 - 07:26 PM

I don't agree this was the plan. I think the AG is doing what she has to do. its her job. That democrat primary for governor is going to be cruel and Madigan cannot afford to loose conservative and pro-gun downstate democrats or pro-gun Northern democrats later on to Rutherford. There is allot of stuff going on that is why democrats are not pushing same sex marriage, they cannot afford to loose liberal democrats that because of religion will not go for same sex marriage. By the way the Speaker is nowhere to be found, he left on vacation.

shes gonna lose em by further delaying their rights. and they may take that out on the downstate dems in both the senate and house.


I hope the republicans are teeing it up. I love some of our downstate dems, but using this to knock down the dem's hold on the statehouse and hence, the Madigan clan, should be priority #1. Unfortunately, the Illinois republican party is a cluster.

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#83 Graybeard

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Posted 03 June 2013 - 07:30 PM

Not sure what kind of answered is planned to Madigan's motion but I can imagine that the Plaintiffs will be able to present that not only that they will sustain some harm in delay but that 180 days plus the schedule set out by the bill is enough waiting and infringement on their rights. Not sure if that will fly. I do believe Posner will be just a bit put off.

#84 RoadyRunner

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Posted 03 June 2013 - 07:35 PM

Hmm.. Tried my PACER logon - couldn't get access to it.

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#85 Tvandermyde

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Posted 03 June 2013 - 07:35 PM

still working through things, and talking to reps. Been on the phone with the lawyers and I am providing them details of the legislative rangling.

Attached Files


While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
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#86 ChicagoSigFan

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Posted 03 June 2013 - 07:41 PM

A 30 day extension for Quinn to review the bill serves no purpose. The request assumes that he will sign it prior to or at the expiration of the 30 day period, because, if Quinn vetoed the law, then the only way to avoid the "circumstance in which there is no state law in place governing the carrying of firearms in public places" is to seek another extension. So, if Quinn spends 30 days reviewing it, finds it lacking and vetos it, what is Lisa going to do? Ask for another 30, 90 or 180 days for the ILGA to pass a new bill? I certainly don't see the court allowing that because Illinois will once again spend the first 90% of those days doing nothing

The court gave IL 6 months to pass a bill - half a year of the people being defenseless. How many people were victims of violent crimes during that time? Everyone in Springfield was aware of the deadline and could have worked to produce a bill that Quinn could act on within the deadline. Instead, Madigan played politics for 170 days and then decided on the 171st day to pass a bill.

I hope the court sees a pattern in the state's behavior of always delaying and asking for extensions. I know requests for extensions are routine and often granted, but in this case, Madigan is basically saying to the court "We know that the A/UUW deprives citizens of their fundamental constituional rights, but we ask you to let us continue enforcing it anyway for another 30 days."

I hope that the court will slap them down this time.

Edited by ChicagoSigFan, 03 June 2013 - 07:50 PM.


#87 RoadyRunner

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Posted 03 June 2013 - 07:42 PM

Thanks Todd - as always!

I'd love to see a reply. Surely 180 days was enough for the legislature to act - the delay is of the States own making and the Court should not tolerate such self inflicted delays as cause for further staying the order.

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#88 Uncle Ted

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Posted 03 June 2013 - 07:43 PM

Aren't these extension requests most often granted? I would be surprised if it was not, happy, but surprised.
No man's life, liberty or property are safe so long as the legislature is in session -- Mark Twain.

#89 Buzzard

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Posted 03 June 2013 - 07:43 PM

I hope they Deny, this state needs to learn that putting everything off to the last moment has consequences


Yes..... putting everything off to the last moment has consequences.

For the citizens....NOT the politicians.

#90 Fidelity Academy

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Posted 03 June 2013 - 07:43 PM

Todd beat me to my PACER account.

Well folks, we figured there would be some last minute silliness. So..

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