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


Molly B.

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With out seeing the document would this affect the 180 day clock?

 

To my understanding, it does not.

 

Our side should refuse a budget vote until our CCW bill is passes.

 

I would consider that an extremist point of view.

 

but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.

 

Could you explain that to me Molly? I don't quite understand what you are saying.

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but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.

 

Could you explain that to me Molly? I don't quite understand what you are saying.

 

My understanding is that if the extension is granted, and she does file a petition for cert - she will also ask for a stay on the injunction and most likely get it. I could be wrong.

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According to reports they filed a cetiorari petition meaning this is not just asking for a delay but requesting an appeal to the SC for their review. You can see the actual filings here http://capitolfax.co...on-on-gun-case/ Meaning that if they don't get a Chicago carve out or a much larger May Issue they have time to appeal to the SC.

 

"What this filing does is allow us more time to prepare a petition, and to the extent the legislature takes action before June 9, it allows us to take that action into consideration"

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She would have to petition Kagan to stay the mandate pending writ of certiorari AND she would have to petition for writ of cert. This is just an extension. Not a promise to file AFAIK. But her burden of proof is pretty high. She would have to prove irreparable harm if stay is not granted. Good luck with 49 other states having carry statutes. Maybe if the ILGA does nothing. I don't believe she will meet the burden to stay the CA7 mandate. She MUST petition Kagan, her time to petition CA7 ran out on March 1.

 

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The extension does not relieve the state from the mandates going into effect at the expiration of the 180 day deadline, but we can be pretty sure they would be granted relief from the mandate while they are preparing a cert petition.

I agree, and this development suggests that no carry bill will be passed until SCOTUS rules on the State's Cert.Petition.

The State's Cert. Petition would be rendered moot if a carry bill is passed.

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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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The wife and I attended a GOP "Lincoln dinner" fundraiser Saturday. Lots of high ranking Republicans in attendance. I'd list them all, but I think you them all. A lot of blustering about concealed carry in the speeches, followed by applause. So the will is there, at least outside of Cook county.
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If she is asking for an extension, it seems to me that she is planning on filing! Why else would you ask for an extension? I think it would be a real a** move to bother the judges for an extension and then say "Ah, forget it, but thanks for the extension anyway!"
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I'm still taking the stickers off my truck and moving the clips on my IWB all the way up.

 

I hear ya there, buddy. Three weeks until I get my degree all tightened up and the day I get it in the mail; the next day I am booking it out of Illinois back for the east coast (where it is PRO-2A friendly; the friendly parts of it anyways).

 

I made a good call not rooting myself here in Illinois.

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Is this the appeal that could possibly overturn may issue in other states? You know, the one everyone ws saying Bloomberg would **** if Lisa appealed.

 

Wondering the same. If it were to go to SCOTUS, chances are, the case wouldn't be brought up for a couple years? Ultimately after a 2014 Governor of Illinois election.

 

I'm guessing it would be heard next Spring with a decision by Summer 2014.

 

And how many victims will there be in the meantime??

 

With all this posturing, I'm almost ready to move to the "run it over the cliff" camp.

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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

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