LOL. I would imagine when they remand it down again they will be quite specific on what he's to do. I'm sure any appeals court doesn't enjoy holding the hand of a lower court judge and guiding them step by step when they've already made it quite clear what they want done.
Maybe it's not allowed by rules/laws, but why couldn't a judge like Stiehl simply pick up a phone, call Posner and the other members of the panel, and go....
"Okay, here's what I got, what do you want me to do?"
The instructions were pretty clear the first time. According to the ruling I just read, Stiehl's response to the instructions they gave him the first time were, "Uh, No."
7th Circuit Ruling:
The Supreme Court’s interpretation of the Second Amendment therefore compels us to reverse the decisions in the two cases before us and remand them to their respective district courts for the entry of declarations of unconstitutionality and permanent injunctions. Nevertheless we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.
This is one symptom of why people no longer trust government.
Stiehl is using the same excuse the State is perpetrating, that is that since FCCA provides an means for citizens to obtain a permit, even though the permits aren't even available, that "relief" has been granted.
The state, and Stiehl, in using this tactic is probably hoping that since it's a 3 judge panel, that at least one more of the judges will agree with them.
Remember, it was a 2-1 decision that got us here to begin with. If even one of the other two judges buys into this BS then we might well have to wait until April of 2014 before we can carry.
I'm hoping, and believing, that won't be the case, but that is the reality of the situation.
Frederick Douglas "A man's rights rest in three boxes. The ballot box, jury box and the cartridge box."