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IL AG Lisa Madigan files for 30 day extension to file cert


Molly B.

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I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.

 

:ninja:

Ya I'm thinking it would be best if I didn't post on here for a while, think I'll just stay in the gear and training forums but you boys up N know exactly what I'm thinking

 

No clue what you're talking about.

 

Can't blame ya.

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That extension may well stretch into the Court's summer recess. She's not gonna use it all up though, well who knows it'd effectively be an extension until October if that's the case. Pretty sure if nothing is passed by June 9th then she's gonna petition for writ and file an accompanying emergency petition to stay the mandate pending writ. 11th hour ****. SCOTUS is not conferencing in June AFAIK or doesn't have anything scheduled at least. I'm not sure what her play is here. We'll have to let this play out.

 

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That extension may well stretch into the Court's summer recess. She's not gonna use it all up though, well who knows it'd effectively be an extension until October if that's the case. Pretty sure if nothing is passed by June 9th then she's gonna petition for writ and file an accompanying emergency petition to stay the mandate pending writ. 11th hour ****. SCOTUS is not conferencing in June AFAIK or doesn't have anything scheduled at least. I'm not sure what her play is here. We'll have to let this play out.

 

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And play it will way out. Game set match , for now or at least 2013 it looks like.
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That extension may well stretch into the Court's summer recess. She's not gonna use it all up though, well who knows it'd effectively be an extension until October if that's the case. Pretty sure if nothing is passed by June 9th then she's gonna petition for writ and file an accompanying emergency petition to stay the mandate pending writ. 11th hour ****. SCOTUS is not conferencing in June AFAIK or doesn't have anything scheduled at least. I'm not sure what her play is here. We'll have to let this play out.

 

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You see this baloney is BS. I've been accustomed to it by now. But here is what makes me officially lose my patience. Now that this is going on, the ILGA will feel compelled not to do their jobs. "I don't want to do my job, so I'll take chances with Lisa and SCOTUS!"

 

I swear. I swear on everything good in this life that the day I recelive my diploma, within 24 hours I am OUT of this state. My great, great great grandfathers are buried here and I have to leave them behind, and I will NEVER set foot in this forsaken state again.

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That extension may well stretch into the Court's summer recess. She's not gonna use it all up though, well who knows it'd effectively be an extension until October if that's the case. Pretty sure if nothing is passed by June 9th then she's gonna petition for writ and file an accompanying emergency petition to stay the mandate pending writ. 11th hour ****. SCOTUS is not conferencing in June AFAIK or doesn't have anything scheduled at least. I'm not sure what her play is here. We'll have to let this play out.

 

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And play it will way out. Game set match , for now or at least 2013 it looks like.

 

Do what?

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Might I add that this is is INCREDIBLY stupid on her part and she's handing the primary to Quinn if she petitions, writ is granted and she loses. Scalia has gotta be salivating right now...drooling like a Saint Bernard.

 

Gura has two options once petition for writ is filed, IF it is filed. One, file a response and let the court go on recess without conferencing and in that case, cert is much more likely to be granted if petition and response is filed after last conference and it stews over recess. Two, he can waive response (indicating it's a frivolous petition) and SCOTUS can conference prior to recess, grant or deny writ and if granted, it'll be be put on the fall calendar. Like I said this is really stupid.

 

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+1

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I swear. I swear on everything good in this life that the day I recelive my diploma, within 24 hours I am OUT of this state. My great, great great grandfathers are buried here and I have to leave them behind, and I will NEVER set foot in this forsaken state again.

 

Aren't you going to stick around to see the House that Madigan built come tumbling down?

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The Application for extension identifies the current deadline for Petition for Writ as May 23. The Application then says, "...this application is being filed 10 days before that date..." Today is April 29. Does anyone know if this is an error in the application, or has it not actually been filed yet?
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I think "The Cliff" will mean precisely squat if she files. They will probably grant that the current laws stand until the hearing.

 

Then many will just go "outlaw" and start carryin'. Mark my words....

That would really be stupid - and not good for our side in the long run. Especially if they got caught. After waiting so long to have your rights stripped from you forever when on the brink of being legal.

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The Application for extension identifies the current deadline for Petition for Writ as May 23. The Application then says, "...this application is being filed 10 days before that date..." Today is April 29. Does anyone know if this is an error in the application, or has it not actually been filed yet?

 

It seems to me that if she has time to write this application a month ahead of time, and then try to fake SCOTUS out by pretending she just got around to filing 10 days before, they should deny her petition.

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Filing for an extension and then deciding not to file is really jerking SCOTUS around - and I don't think Lisa Madigan would do that.

 

IMO, the most important thing about this is that Lisa Madigan is indeed going to file for cert.

 

I think the reason she want an extension is so that it doesn't actually go to SCTUS right away. If she had filed a few weeks ago, SCOTUS would have made a decision on this - like they did in Kachalski. She doesn't want that to happen. A denial of cert right away is going to push the legislators who are on the fence and IMO a denial of cert might help push them to just voting and getting the question of concealed carry over with.

 

That seems like as reasonable an explanation as any. Keeping your options open is usually a good tactic.

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If she files for a stay of the mandate expect Gura to file an opposition to it. Pointing out how defective her argument will be. She has to give a VALID reason why the state will suffer irreparable harm not just "well the legislature can't get anything done it's the other side's fault they won't compromise." How will the mandate have an adverse effect on the state? Something that CANNOT be undone. She can't since a new AUUW/UUW statute would fix it.

Prong one, epic fail.

 

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She is doing one thing and one thing only,

 

SCARING OUR SIDE INTO ALLOWING A CHICAGO CARVE OUT WITH THE THREAT OF SCOTUS.

 

Call Her Bluff. LET It go there. Bloomberg then will be p***** and spend his millions fighting to keep her from becoming governor for what she did.

 

THERE ARE MANY ON OUR SIDE WHO WILL BUCKLE AT THE THOUGHT OF ANOTHER YEAR OF NO CARRY IN ILLINOIS.

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I swear. I swear on everything good in this life that the day I recelive my diploma, within 24 hours I am OUT of this state. My great, great great grandfathers are buried here and I have to leave them behind, and I will NEVER set foot in this forsaken state again.

 

Aren't you going to stick around to see the House that Madigan built come tumbling down?

 

I'll watch the nuke explosion with goggles from a couple of miles away :D

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I can't believe she cited People v. Moore and more or less stated that CA7 has no jurisdiction. People v. Nance, LISA! Oh I'm not buckling. I WANT this. She'll get destroyed. That's if SCOTUS even grants writ she's claiming there's an issue between the state and federal appellate courts. I guess she forgot about the Supremacy Clause. Citing People v. Aguilar too which hasn't even been adjudicated. Bring it on.

 

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From The Fibune:

 

 

http://www.chicagotribune.com/news/local/breaking/chi-attorney-general-wants-time-to-consider-concealed-weapons-appeal-20130429,0,3010431.story

 

By Ray Long Tribune reporter

5:26 p.m. CDT, April 29, 2013

SPRINGFIELD—Attorney General Lisa Madigan has asked for more time to decide whether to appeal the federal court ruling that would require Illinois to put in place a law that allows for concealed weapons.

 

Madigan’s move would give the General Assembly time to pass legislation that would lift the ban on carrying concealed weapons by the current early June deadline. If Illinois approves a new law, an appeal would be a moot point, Madigan has said.

 

“No final decision has been made on whether to request an appeal,” said Madigan spokeswoman Natalie Bauer. “But this allows us more time to prepare a petition and, to the extent that the legislature takes action, it allows us to take that into consideration as well.”

 

The legislature currently is scrambling to come up with a concealed weapons proposal that can win support from both gun control and gun rights lawmakers.

 

Madigan currently has a May 23 deadline to ask the high court to take up an appeal of the December ruling by the U.S. 7th Circuit Court of Appeals.

 

On Monday, she asked the U.S. Supreme Court to push the deadline to June 24 for when she would need to ask the high court to consider taking up an appeal.

 

Such as a request is not unusual in major cases, but the timing also would allow Madigan to see if the General Assembly can pass a concealed carry bill by the June 9 deadline the appeals court set for action in Springfield.

 

Madigan has urged lawmakers, including her father, House Speaker Michael Madigan, D-Chicago, to pass new legislation. But efforts have so far failed. House lawmakers have tried unsuccessfully to pass both a strict New York-styled concealed-carry bill and a less-restrictive proposal backed by the National Rifle Association.

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