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Culp vs Madigan - Lawsuit Filed On Behalf of Non-Residents


Molly B.

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Any news here?

Yep, Trump pretty much screwed you with his appointments to the court of appeals.

 

05/13/2019 56 ORDER: Plaintiffs-appellants filed a petition for rehearing and rehearing en banc on April 26, 2019. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all members of the original panel have voted to deny panel rehearing. The petition for rehearing and rehearing en banc is therefore DENIED. [56] [7004211] [17-2998] (AG) [Entered: 05/13/2019 02:34 PM]
05/21/2019 57 Mandate issued. No record to be returned. [57] [7005991] [17-2998] (DS) [Entered: 05/21/2019 08:19 AM]
05/21/2019 Open Document FOR COURT USE ONLY: Certified copy of 04/12/2019 Final Opinion and Final Judgment, with 05/13/2019 Rehearing Denial Order, with Mandate sent to the District Court Clerk. [7005992-2] [7005992] [17-2998] (DS) [Entered: 05/21/2019 08:24 AM]
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Any news here?

 

Yep, Trump pretty much screwed you with his appointments to the court of appeals.

 

05/13/2019 56 ORDER: Plaintiffs-appellants filed a petition for rehearing and rehearing en banc on April 26, 2019. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all members of the original panel have voted to deny panel rehearing. The petition for rehearing and rehearing en banc is therefore DENIED. [56] [7004211] [17-2998] (AG) [Entered: 05/13/2019 02:34 PM]

 

05/21/2019 57 Mandate issued. No record to be returned. [57] [7005991] [17-2998] (DS) [Entered: 05/21/2019 08:19 AM]

 

05/21/2019 Open Document FOR COURT USE ONLY: Certified copy of 04/12/2019 Final Opinion and Final Judgment, with 05/13/2019 Rehearing Denial Order, with Mandate sent to the District Court Clerk. [7005992-2] [7005992] [17-2998] (DS) [Entered: 05/21/2019 08:24 AM]

Yea, he definitely screwed the pooch with Scudder it looks like, although I can't say I was happy with the way this case was handled from the get go.

The likely scenario now is they file for cert and will end up having this decision vacated via NYSRPA.

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  • 1 month later...
  • 2 weeks later...
They have until Aug. 9 if my math is correct.

 

Justice Kavanaugh approved an extension to Oct 10 to file, should the petitioners choose to do so.

 

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19a123.html

Holy Crap! You are still around. I've been thinking about messaging you, but didn't want to bother you.

 

Sent from my SM-N960U using Tapatalk

 

 

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  • 2 months later...

This Court has held that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.” District of Columbia v. Heller, 554 U.S. 570, 592 (2008). Illinois prohibits the non-residents of 45 states from applying for an Illinois concealed carry license, regardless of their individual qualifications and training.

 

The question presented is:

 

Whether the Second Amendment right to keep and bear arms requires that the State of Illinois allow qualified non-residents to apply for an Illinois concealed carry license.

 

I think Sigale means "Illinois prohibits the residents of 45 states from applying for a non-resident Illinois concealed carry license."

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  • 3 weeks later...

The delay probably won't matter; it'll take a few months for SCOTUS to decide NYSRPA anyway.

 

On a positive note, if my guess is correct that Illinois is delaying so they can revise the law in a last ditch attempt to moot the case, if NYSRPA is not resolved by then it adds credibility to the argument that 'anti-gun' states like NY and IL, are guilty of 'conduct capable of repetition, while evading court review' a reason a court should deny mootness when there are last minute law changes.

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  • 2 weeks later...

The states of Missouri, Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia have submitted an amici brief supporting Culp.

 

So, would that mean we should be living in one of those states instead of Illinoying?

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  • 1 month later...

If they wanted an extension, I think they would have had to request one 10 business days before the deadline. If I'm correct on that assumption it's too late to do so now.

They'll just file "emergency" petitions etc, same way they did with the Moore case. Probably waiting to see what SCOTUS does with the NY case. I have a sinking feeling that they're going to punt NY for mootness and all the other cases that are on hold will start grinding forward again. Anything to put off a 2a decision.

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It seems like he puts a lot of emphasis on the fact there is no circuit split. Yet, since this is an Illinois law and Illinois is covered by one circuit (if my understanding is correct), then how would you have a circuit split? It isn't like you are going to take the case to another circuit since it is an Illinois law. AM i missing something?

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It seems like he puts a lot of emphasis on the fact there is no circuit split. Yet, since this is an Illinois law and Illinois is covered by one circuit (if my understanding is correct), then how would you have a circuit split? It isn't like you are going to take the case to another circuit since it is an Illinois law. AM i missing something?

If the decision of CA7 in this case is different from that of similar (non-resident concealed carry) cases in any other circuit, that would be a reason for the SC to grant certiorari, so that laws across the country could be more homogenized. If there is no split, even if it's because there are no similar cases, then the SC would not grant cert.

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It seems like he puts a lot of emphasis on the fact there is no circuit split. Yet, since this is an Illinois law and Illinois is covered by one circuit (if my understanding is correct), then how would you have a circuit split? It isn't like you are going to take the case to another circuit since it is an Illinois law. AM i missing something?

If the decision of CA7 in this case is different from that of similar (non-resident concealed carry) cases in any other circuit, that would be a reason for the SC to grant certiorari, so that laws across the country could be more homogenized. If there is no split, even if it's because there are no similar cases, then the SC would not grant cert.

 

So regardless of how illegal a law is, if there is no split then SCOTUS will not grant a cert? So, if a single state passes a law saying you can keep slaves under the age of 30, but no other state does and no other circuit rules on it, then SCOTUS won't hear the case?

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It seems like he puts a lot of emphasis on the fact there is no circuit split. Yet, since this is an Illinois law and Illinois is covered by one circuit (if my understanding is correct), then how would you have a circuit split? It isn't like you are going to take the case to another circuit since it is an Illinois law. AM i missing something?

If the decision of CA7 in this case is different from that of similar (non-resident concealed carry) cases in any other circuit, that would be a reason for the SC to grant certiorari, so that laws across the country could be more homogenized. If there is no split, even if it's because there are no similar cases, then the SC would not grant cert.

 

So regardless of how illegal a law is, if there is no split then SCOTUS will not grant a cert? So, if a single state passes a law saying you can keep slaves under the age of 30, but no other state does and no other circuit rules on it, then SCOTUS won't hear the case?

 

Its not quite that cut and dry. A lack of a split makes it so SCOTUS will usually not grant cert, although sometimes they will if the case of high profile (or the violation egregious enough, as your slave law would be if the circuit court upheld it) or sometimes to set a precedent to preemptively prevent a split from occurring

 

When there is a split they almost have to grant cert, to settle the split and create a single precedent nationwide

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So regardless of how illegal a law is, if there is no split then SCOTUS will not grant a cert? So, if a single state passes a law saying you can keep slaves under the age of 30, but no other state does and no other circuit rules on it, then SCOTUS won't hear the case?

Such a law would violate well-established legal precedent. To get to the SC, the case would have to go through the applicable appeals court first. The SC would most likely just send the case back to the appeals court without hearing it and order the appeals court to apply the appropriate law.

 

As always, IANAL.

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