Posted 17 April 2018 - 10:54 PM
Reading the attached PDF, my understanding that the Kane County Circuit Court refused to issue a Protective Order because, in its opinion, the law is unconstitutional. That doesn't strike down the law. I believe the State Supreme Court would be required to do that. It just means the Kane County Circuit Court will not issue a Protective Order in this case.
The opinion contained in the PDF would allow the State Supreme Court to issue a ruling saying "Yeah, what they said," which would then strike down the law. In the meantime, the Kane County Court is also saying it will never issue a Protective Order under the existing law, because the law is not only unconstitutional, but it's unconstitutional on its face.
So I guess the issue now is whether Illinois will appeal (or perhaps already has appealed) the Kane County decision to the State Supreme Court.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.
- Albert Camus, Resistance, Rebellion, and Death, 1960.