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


Molly B.

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Many of us have stated how benevolent the 7th was in granting the state 180 days to fix this. I still think that it's beyond generous, but not unprecedented.

I see this requested extension as a slap of the court's face.

Lisa, Pat and Johnny-boy need to be perp walked down the middle of downtown to the federal lock up for contempt of court.

 

And Rahm should be slapped by a US Marshall on general principles. :frantics:

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SCOTUS didn't give Chicago a stay in McDonald v. Chicago.

 

-- Frank

 

Did Chicago ask for one after SCOTUS handed down its decision? I can't remember.

 

They introduced their new ordinances in the time between SCOTUS ruling and the decision being referred down to the DC for the mandate to be implemented. Basically SCOTUS rules and it filters back down to the DC for implementation.

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I have some questions. It looks like the first step is to ask the 7th for a stay pending the USSC deciding to take up this case. This appears to only require one judge on the 7th to issue. What is the time frame the 7th has from the date the request is made till they must issue a grant or denial? 30 days? No limit? I am thinking it could be slow walked by the court past June 9. I think that because it seems silly to get in a big hurry to grant a stay at the last minute when there has been 6 months to advance the case to the USSC.
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the 7th will most likely give gura time to respond so id say within 10 days.. but if shes going to file for cert she will file well before june 9th other wise posners order goes into effect.. if shes going to file it will be may 31st when she does... im not sure how many judges it takes to issue the stay but i belive if it goes to one judge then it has to goto the judge who ordered it....most likley the 7th will deny it anyways and then her only option to get a stay is to file for one pending cert which means she has to file for cert.
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CA7 first has to rule on it. Rule...eh....crap I forgot, 41 I think but FRAP Rule something says that respondent has is given 10 days but maybe less but it must be a reasonable amount of time to draft and file a response. Then Lisa may reply to the response. If she is denied a stay then she may apply to Kagan who may either just grant/deny it or take it to the entire court for a ruling.

 

Sent from my SCH-R530U using Tapatalk 2

 

 

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...im not sure how many judges it takes to issue the stay but i belive if it goes to one judge then it has to goto the judge who ordered it....

 

 

Can anyone respond to that?

 

 

*the prefered abbreviation is SCOTUS no USSC :flowers:

 

(D) A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge. i believe the single judge would be the chief justice which is easterbrook.

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I love this section of hamiltons dissent though just for clarification to madigans slackys who think the 7th has no say..

 

 

 

Second, despite my disagreement with the panel majority,

it’s important to keep in mind what the panel

did not decide. The panel majority opinion is now the

 

law of the circuit, and Illinois has 180 days to decide

how to amend its laws.

 

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Yeah that right there is the golden egg. Even though the judge dissents, the judge explicitly states that since en banc was denied, the original ruling stands as the precedent for the Circuit. Even dissenters respect the Constitution and the Court. Unlike Chicago.

 

Sent from my SCH-R530U using Tapatalk 2

 

 

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