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


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#721 kwc

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Posted 17 April 2018 - 03:04 PM

Anyone filed briefs on your behalf?


To date, the plaintiffs’ briefs are the only ones representing the pro-2A position.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#722 kwc

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Posted 17 April 2018 - 03:08 PM

Everytown for Gun Safety's amicus brief, filed in support of the defendants, is attached.

If you have trouble opening the attached PDF, you may also retrieve it from this link:

http://morsel.info/w...micus-brief.pdf

.

Attached Files


Edited by kwc, 17 April 2018 - 03:13 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#723 Hipshot Percussion

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Posted 17 April 2018 - 03:34 PM

 


Well, given that their "argument" to maintain the ban on CCW consisted of:

1) It might make the public safer (but provided no statistical proof)
2) Because it's not nonsensical
3) Because we can

is it surprising?

 

 

As for #1, let's not forget Judge Easterbrook's words of support for the Highland Park AWB -  "If a ban on semi-automatic guns and large-capacity magazines reduces the perceived risk from a mass shooting, and makes the public feel safer as a result, that's a substantial benefit," (emphasis added)


“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

"Legitimate self-defense has absolutely nothing to do with the criminal misuse of guns."   Gerald Vernon, veteran firearms instructor

 

New Gunner Journal

 


#724 kwc

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Posted 17 April 2018 - 03:51 PM

The Giffords amicus brief has not yet been released by the court, but the organization has already posted it here:

http://lawcenter.gif...digan-Final.pdf

Edited by kwc, 17 April 2018 - 03:54 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#725 Gamma

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Posted 18 April 2018 - 06:50 PM

And again, their arguments ignore something very simple yet profound:

The state may be allowed to enact a particular regulatory scheme, but if they are then admittedly unable to fulfill that scheme, that doesn't allow them to summarily deny the exercise of a fundamental civil right.

Arguments in favor of a particular scheme are invalid if the scheme is impossible to employ. It defies reasonableness when they enact something that they know is impossible. The whole concept of predicating civil rights on something some other state does defies the separation of the states in any event.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#726 kwc

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Posted 24 April 2018 - 09:13 AM

Plaintiffs reply brief is attached.

Attached File  Reply brief (Appellants).pdf   1.84MB   156 downloads
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#727 kwc

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Posted 24 April 2018 - 09:23 AM

Here is an alternate link to the brief for those unable to download it from the previous post:

http://morsel.info/w...-Appellants.pdf
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#728 bmyers

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Posted 24 April 2018 - 09:29 AM

Nice read.



#729 ChicagoZman

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Posted 24 April 2018 - 11:26 AM

An excellent brief.


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#730 ChicagoRonin70

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Posted 25 April 2018 - 01:50 PM

How in the H ell is it that literally every pro-firearm filing I've ever seen in this state so far outstrips the anti-firearm filings in every logical and legal argument, yet there continues to be anything other than complete vindication for the pro-firearm viewpoint, at least from a legal standpoint?

 

The arguments from the anti-firearm sides are universally unsupported and well-nigh inept to the point of legal malpractice, in my experience from both linguistic and legal editing and research.

 

I am dumbfounded that any judge with even a minimum of jurisprudence could find against briefs such as this.


"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."

 

“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
 
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“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
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"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#731 Plinkermostly

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Posted 26 April 2018 - 06:00 AM

True but it is hard to beat: It's for the children.



#732 vezpa

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Posted 26 April 2018 - 11:10 AM

This is the most important case going now IMHO.  Following closely.  Please update.

 

.


Laws that forbid the carrying of arms disarm only those

who are neither inclined nor determined to commit crimes.

                                                    

                                                                                                                                                     

                                                                    - Thomas Jefferson


#733 Plinkermostly

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Posted 26 April 2018 - 12:38 PM

Hope you are not in a hurry!



#734 press1280

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Posted 12 May 2018 - 09:06 AM

Hope you are not in a hurry!

If Culp I's timeline were an indicator we should be getting an oral argument date any day now, probably set for September/October. And 2 more Trump judges(not including Brennan, already confirmed) are expected to be confirmed this week, which will make 4 on the 7th Circuit.

I still expect Manion and Williams to be on the panel along with someone to take Posner's place.



#735 kwc

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Posted 12 May 2018 - 10:33 AM

Did you mean to say Manion and Bauer? They were on the original panel with Posner.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#736 press1280

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Posted 12 May 2018 - 05:09 PM

Did you mean to say Manion and Bauer? They were on the original panel with Posner.

Yes, you're right. Don't know why I kept thinking Williams was on that panel.

Bauer is pretty old too (almost 92). I hope he decides to retire so we can get him replaced with Sykes or Kanne.



#737 kwc

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Posted 14 May 2018 - 06:14 PM

And 2 more Trump judges(not including Brennan, already confirmed) are expected to be confirmed this week, which will make 4 on the 7th Circuit.


The Senate just confirmed the nominations of Amy St. Eve and Michael Scudder.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#738 Charles Nichols

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Posted 14 May 2018 - 06:59 PM

 

And 2 more Trump judges(not including Brennan, already confirmed) are expected to be confirmed this week, which will make 4 on the 7th Circuit.


The Senate just confirmed the nominations of Amy St. Eve and Michael Scudder.

 

St. Eve issued this decision upholding the Federal Gun-Free School Zone sections 18 U.S.C. § 922(q)(2)(A) and 18 U.S.C § 922(a)(4). Scudder hasn't been a judge but according to this article, both "Durbin and Duckworth have... returned their blue slips, supporting the nominations of Scudder and St. Eve." 

 

Sorry guys but you just got screwed.



#739 fxdpntc

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Posted 14 May 2018 - 09:21 PM

Given that I am a sitting District Court judge and a nominee for the Seventh Circuit, it would be inappropriate for me to give my personal opinion on the Heller opinion. It is binding precedent and I will apply it.

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#740 Charles Nichols

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Posted 14 May 2018 - 09:30 PM

Given that I am a sitting District Court judge and a nominee for the Seventh Circuit, it would be inappropriate for me to give my personal opinion on the Heller opinion. It is binding precedent and I will apply it.

Amy St Eve

And she certainly did apply her interpretation of the Heller decision in her decision I posted a link to.  Unfortunately, her understanding of the Second Amendment conflicts with the Heller and McDonald decisions.  One would think with all of the lawyers either holding office in the Senate or their staff attorneys would have found that decision of hers given it took me all of about 2 seconds to find it.



#741 press1280

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Posted 16 May 2018 - 04:01 PM

While nothing is guaranteed of course, I think there's a big gap between the GFSZ act and a total carry ban for residents of 45 states. Having Trump nominees is certainly better than Obama nominees.

The blue slips don't mean much in the immediate case if the judge has no 2A cases to speak of.



#742 press1280

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Posted 29 June 2018 - 06:10 AM

Any news? Thought by now we would have a date set for orals.

#743 kwc

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Posted 29 June 2018 - 11:49 AM

I would have expected to have orals scheduled by now, too. Not sure why it hasn’t happened yet.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#744 bmyers

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Posted 29 June 2018 - 12:30 PM

I would have expected to have orals scheduled by now, too. Not sure why it hasn’t happened yet.

 

$Trump's fault$



#745 Raw Power

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Posted 01 July 2018 - 08:20 AM

While this doesn't have direct positive benefit for me, I hope this moves along soon, and hope that it will find yet another victory against the anti-gunner pols in our part of the state.


Edited by Raw Power, 01 July 2018 - 08:21 AM.


#746 kwc

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Posted 11 July 2018 - 03:58 PM

Good news! Ordered today:

"IT IS ORDERED that this case be orally argued on Thursday, September 20, 2018, in the Main Courtroom, Room 2721 of the United States Court of Appeals for the Seventh Circuit, 219 South Dearborn Street, Chicago, Illinois, at 9:30 a.m."

This is one day before the start of the Gun Rights Policy Conference, being held in Chicago this year.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#747 Mr. Fife

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Posted 11 July 2018 - 04:21 PM

Woo!
Have all boated who fish?
Have all boated who fish?
Have all boated who fish?
 
 

#748 Gamma

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Posted 11 July 2018 - 04:47 PM

Good news! Ordered today:

"IT IS ORDERED that this case be orally argued on Thursday, September 20, 2018, in the Main Courtroom, Room 2721 of the United States Court of Appeals for the Seventh Circuit, 219 South Dearborn Street, Chicago, Illinois, at 9:30 a.m."

This is one day before the start of the Gun Rights Policy Conference, being held in Chicago this year.

Nice. How much seating do they have at the appeals court?
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#749 kwc

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Posted 11 July 2018 - 05:04 PM

IIRC there were a good 40-50 seats during the preliminary injunction oral arguments--4 or 5 rows of benches on either side. This will be held in the same courtroom.

"Moms" and "Everytown" filed amicus briefs so who knows how many seats they'll fill, if this gets much of their attention.
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#750 Gamma

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Posted 11 July 2018 - 05:48 PM

Hopefully Judge Sykes will be on the panel. I so enjoyed listening to her demolish Chicago's attorney during oral argument in some previous case (one of the Ezell cases I think), if they still publish audio.

Edited by Gamma, 11 July 2018 - 05:49 PM.

Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.




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