bob Posted June 7, 2011 at 11:03 AM Share Posted June 7, 2011 at 11:03 AM http://volokh.com/20...f-self-defense/ If you read the decision it is pretty clear the judge just is not going to go against existing precedent, despite the twisted logic she had to use to get there. My guess is until SCOTUS says the RTKBA is to be treated in line with other similar rights using strict scrutiny, it is going to be tough to get much more than this kind of a ruling out of a lower court. Considering how the courts have all but gutted the 4th, we still need LTC in this state. if they can gut the 4th, they can gut the 2nd as well, even with strict scrutiny. Link to comment Share on other sites More sharing options...
mauserme Posted June 7, 2011 at 11:53 AM Share Posted June 7, 2011 at 11:53 AM I guess if you look at this from the day Sullivan and Moore were filed it might appear that someone expects to find a "quick route", but Illinois Carry was founded in 2004 and the fight for Right to Carry started long before that. Illinois was actually disqualified from taking the "quick route" many years ago. Bear in mind, as well. that litigation seems most prominant at the moment because the ligislature is on summer break and there is no election in the immediate future, yet litigation remains one prong of a 3 prong effort. It does not prevent the other efforts, they are simply less visible at the moment. Link to comment Share on other sites More sharing options...
05FLHT Posted June 7, 2011 at 01:48 PM Share Posted June 7, 2011 at 01:48 PM http://volokh.com/20...f-self-defense/ If you read the decision it is pretty clear the judge just is not going to go against existing precedent, despite the twisted logic she had to use to get there. Which has been the case time and again. It has been my understanding most of these cases have been written for higher courts (SCOTUS). It is not so much losing that's the problem, it's not losing fast enough for the appeals. My guess is until SCOTUS says the RTKBA is to be treated in line with other similar rights using strict scrutiny, it is going to be tough to get much more than this kind of a ruling out of a lower court. SCOTUS is the endgame. Our side is picking the time, place, and content of the fight. I don't know who said the courts would be the 'quick route,' but it is a route that will bring 'bearing arms' for the fundamental of self defense. There is no reason not to still fight for RTC through the legislature, but excuse me if I am no longer very optimistic about it's success. Link to comment Share on other sites More sharing options...
oneshot Posted June 7, 2011 at 07:56 PM Share Posted June 7, 2011 at 07:56 PM http://volokh.com/20...f-self-defense/ If you read the decision it is pretty clear the judge just is not going to go against existing precedent, despite the twisted logic she had to use to get there. My guess is until SCOTUS says the RTKBA is to be treated in line with other similar rights using strict scrutiny, it is going to be tough to get much more than this kind of a ruling out of a lower court. Considering how the courts have all but gutted the 4th, we still need LTC in this state. if they can gut the 4th, they can gut the 2nd as well, even with strict scrutiny. The bias of the courts is generally a reflection of the districts that they preside over, that's why the NRA and SAF cases were filed with plaintiff's downstate. One of them is in Champaign County, I would give our judges here a pretty decent benefit of the doubt before I worry too much. Link to comment Share on other sites More sharing options...
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