Posted 17 April 2018 - 10:57 PM
It is stricken down as unconstitutional within that particular court only. If it is appealed to the the second circuit and the trial court is upheld, then it becomes binding on the entire second circuit. If it is then appealed to the Illinois Supreme Court and upheld, then it becomes binding and therefor unenforceable in the entire state. This is a win. I'd rather defend a win on appeal than to argue for a reversal. Expect an appeal.
So, what if the State of Illinois doesn't appeal, in order to keep the damage localized? Is there any way to force the issue, or for someone to use it in other, wider jurisdictions to invalidate the law for everyone? After all, if it's unconstitutional for one jurisdiction in the U.S., by the very definition of "unconstitutional" that would make it universally so.
"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
Who gets to keep and read books? The Media? Or is it the People?
“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
"It ain't braggin' if you done it." —Will Rogers