Jump to content


Moore vs IL Attorney General


  • This topic is locked This topic is locked
840 replies to this topic

#691 Drylok

    Member

  • Members
  • 7,016 posts
  • Joined: 15-February 08

Posted 04 June 2012 - 07:22 PM

Ty it's the 7th in Chicago and the whole thing is rigged. Look for them to hear the case, wait until the last possible moment to issue an opinion and then punt in the decision to SCOTUS in hopes that Obama will be re-elected and Kennedy has a heart attack or retires before SCOTUS hears it. That way they can flip the court 5-4 their way before having to make yet again another "landmark decision" on the 2nd amendment.
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

Now two flags fly above my land that really sum up how I feel. One is the colors that fly high and proud the red, the white, the blue. The other ones got a rattle snake with a simple statement made, don't tread on me, is what it says and I'll take that to my grave
-Aaron Lewis-

#692 abolt243

    Tim Bowyer

  • Moderator
  • 10,869 posts
  • Joined: 30-April 07

Posted 04 June 2012 - 07:29 PM

View PostTyGuy, on 04 June 2012 - 07:17 PM, said:

Do we expect them to hear and decide the case sequentially, or will it be interspersed with pther cases?

The decision will not be renedered on Friday.  Only oral arguments will be heard.  The court will then consider all oral arguements as well as all written briefs that have been filed by both sides as well as "friends" of both sides (amici briefs).  Speculation is that the decision will be announced sometime prior to Aug 8, the last scheduled day of this session of court.

AB
Are you a member of the ISRA?? If not, why not?? Join over 18,000 other Illinois gun owners in the fight for your rights!!!

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?


"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.."
--Samuel Adams

Luke 11:21 - "When a strong man, fully armed, guards his own house, his possessions are undisturbed." NASB


#693 ishmo

    Member

  • Supporting Members Team
  • 2,603 posts
  • Joined: 14-March 05

Posted 04 June 2012 - 07:37 PM

View PostTyGuy, on 04 June 2012 - 07:17 PM, said:

Do we expect them to hear and decide the case sequentially, or will it be interspersed with pther cases?
Here's the link to the schedule 7th Week of the April, 2012 Session June 4-8, 2012
Looks like Shepard/Moore will be heard together.

#694 Mr. Fife

    Nip it

  • Supporting Members Team
  • 2,689 posts
  • Joined: 03-July 10

Posted 04 June 2012 - 07:54 PM

View PostGarandFan, on 04 June 2012 - 03:16 PM, said:

Not in real time.

You can get audio of oral arguments here:  http://www.ca7.uscou...s.fwx?dname=arg

However, I don't know the time interval between the actual arguments, and the upload of the audio.  I would guess at least a few days.  Someone probably knows that ...

Unless it being on Friday makes a difference, I would guess they would be ready the same day. All the oral arguments from today have already been uploaded.
Have all boated who fish? Have all boated who fish?

#695 snubjob

    Member

  • Members
  • PipPipPipPipPipPipPipPipPip
  • 495 posts
  • Joined: 07-April 11

Posted 04 June 2012 - 08:16 PM

View PostDrylok, on 04 June 2012 - 07:22 PM, said:

Ty it's the 7th in Chicago and the whole thing is rigged. Look for them to hear the case, wait until the last possible moment to issue an opinion and then punt in the decision to SCOTUS in hopes that Obama will be re-elected and Kennedy has a heart attack or retires before SCOTUS hears it. That way they can flip the court 5-4 their way before having to make yet again another "landmark decision" on the 2nd amendment.
Wish i could see it another way Drylok, but i think you have stated exactly how it will take place.  I still say that this has been the plan all along.  Those that think that no one has an influence on the courts, yes even federal courts, are sadly mistaken.  This is far too important for the machine to let slide.  And you better believe that they are going to get "support" from very high places.

#696 GarandFan

    Member

  • Members
  • 10,676 posts
  • Joined: 06-February 07

Posted 04 June 2012 - 08:47 PM

View PostDrylok, on 04 June 2012 - 07:22 PM, said:

Ty it's the 7th in Chicago and the whole thing is rigged. Look for them to hear the case, wait until the last possible moment to issue an opinion and then punt in the decision to SCOTUS in hopes that Obama will be re-elected and Kennedy has a heart attack or retires before SCOTUS hears it. That way they can flip the court 5-4 their way before having to make yet again another "landmark decision" on the 2nd amendment.

With all due respect to you, my friend, the "judicial conspiracy theories" and "the court is rigged" statements are getting a mite weary.  I suspect that if you carefully and systematically break those beliefs of yours down, you will find the basis of them largely (and merely) because you want to believe it is so.

So relax a little, please.  Courts render poor decisions and they render great decisions.  Having reasonable suspicions about our republic and its institutions is healthy.  But having a dearth of reasonable confidence in them is quite unhealthy.

And then ... there are a few around here who seem to have tumbled headlong down the rabbit-hole.
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#697 TyGuy

    Member

  • Supporting Members Team
  • 6,736 posts
  • Joined: 10-November 09

Posted 04 June 2012 - 09:10 PM

But a decision WILL be handed down by August 8th?
NRA Endowment Member
ISRA Member
GOA Member
All around great guy


Original HB997 or FOID carry.  No more compromise.

#698 Gray Peterson

    Member

  • Members
  • PipPipPipPipPipPip
  • 342 posts
  • Joined: 02-August 04

Posted 05 June 2012 - 02:27 AM

View PostDrylok, on 04 June 2012 - 07:22 PM, said:

Ty it's the 7th in Chicago and the whole thing is rigged. Look for them to hear the case, wait until the last possible moment to issue an opinion and then punt in the decision to SCOTUS in hopes that Obama will be re-elected and Kennedy has a heart attack or retires before SCOTUS hears it. That way they can flip the court 5-4 their way before having to make yet again another "landmark decision" on the 2nd amendment.

You have zero idea of what you're talking about.  Gun owners should be more aware of how they are perceived in a public setting, acting as if there are conspiracies when they have zero proof of that with the 7th Circuit Court of Appeals is somehow rigged.  Read lower to my response to TyGuy.



View PostTyGuy, on 04 June 2012 - 09:10 PM, said:

But a decision WILL be handed down by August 8th?

Yes.  August 8th is the last day of the session of this court, and Chief Judge Easterbrook denied a month long extension.

Order re: Motions to consolidate and extend time. The motions to consolidate are DENIED. Appellees do not need a formal order of consolidation in order to file one brief addressing two appeals. They may file one brief, or two, at their option. The motions for an extension of time is GRANTED, but only until May 9, 2012 (in both appeals). This should allow enough time to prepare a single brief covering the two cases. Appellees previously told the court that the two suits are functionally identical. There is accordingly no need for time beyond the 30-day extension already granted, and this one-week increment. The court’s last regular sitting of the current term is June 8, 2012. If the court were to delay the appellees’ briefs until June 1 or June 11 (the alternate dates appellees propose), that would postpone oral argument until next September, an unnecessary delay. Appellees must file their brief (or briefs) in both cases by May 9, and appellants their reply briefs by May 23. That will permit oral argument the last week of May or the first full week of  June.

Tell me, does that seem like a court will will "hold on" to the case just to screw us?

Enough with the Tinfoil Hat BS.

Edited by Gray Peterson, 05 June 2012 - 02:27 AM.


#699 Sigma

    Member

  • Members
  • 2,141 posts
  • Joined: 13-August 09

Posted 05 June 2012 - 03:51 PM

be nice if we got the same Judges we had in Ezell
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#700 NakPPI

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 908 posts
  • Joined: 27-June 11

Posted 06 June 2012 - 07:07 PM

Just a heads up for those planning on attending the arguments--it's a courtroom so dress like you're going to church, not a cubs game. :P
Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.

#701 colt-45

    Member

  • Members
  • 1,777 posts
  • Joined: 29-April 11

Posted 06 June 2012 - 07:27 PM

i don't get what some on here are saying a ruling may be punt. what is punt? to me it's something you do with a football.

#702 Bud

    Member

  • Supporting Members Team
  • 4,436 posts
  • Joined: 06-August 09

Posted 06 June 2012 - 07:42 PM

The Appellate could send it back to the Circuit to re-think their decision.

I am hoping that the Appelaate says both plantiffs are absolutely right, issues an imediate permanent injunction and everyone carries guns open or concealed in Illinois forever.

But I did a LOT of drugs when I was younger
Bud

Seriously, the legalization of dueling would end political pandering and solve political corruption in the State

ITWT Club Member 001

ONE STATE- ONE LAW

#703 GarandFan

    Member

  • Members
  • 10,676 posts
  • Joined: 06-February 07

Posted 06 June 2012 - 07:54 PM

Appellate could send it back down to the district court.  Appellate and Circuit are the same level of federal court, intermediate between District and Supreme.  Technically, the one in Chicago is called "Seventh Circuit court of Appeals" (hence it is called both Circuit court and Appellate court).
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#704 colt-45

    Member

  • Members
  • 1,777 posts
  • Joined: 29-April 11

Posted 06 June 2012 - 09:00 PM

O. ok i see where they get it now. (punt)

#705 Tvandermyde

    Member

  • Members
  • 4,234 posts
  • Joined: 29-March 09

Posted 06 June 2012 - 09:44 PM

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#706 sirflyguy

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 764 posts
  • Joined: 28-September 09

Posted 06 June 2012 - 09:57 PM

View PostTvandermyde, on 06 June 2012 - 09:44 PM, said:

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.
I bet this is what happens.  I hope not, but it is just my prediction.

#707 bob

    Member

  • Members
  • 3,164 posts
  • Joined: 14-November 05

Posted 07 June 2012 - 05:59 AM

View PostTvandermyde, on 06 June 2012 - 09:44 PM, said:

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.
Which would seem to be good for us. The faster we get to SCOTUS the better. Nothing else really matters.
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

http://ilbob.blogspot.com/

#708 frankw438

    Member

  • Supporting Members Team
  • PipPipPipPipPipPipPipPipPipPipPipPipPip
  • 684 posts
  • Joined: 01-April 09

Posted 07 June 2012 - 09:12 AM

View PostNakPPI, on 06 June 2012 - 07:07 PM, said:

Just a heads up for those planning on attending the arguments--it's a courtroom so dress like you're going to church, not a cubs game. :P

What's the rule/procedure on cell phones. Some District Courts won't even allow your phone in the the building, I've heard.  What are the local rules for 7th CA?

-- Frank


PS- I don't go to church or Cubs games, so I can go au naturel?
NRA Life Member - NRA Certified Instructor - USPSA Range Officer - ITWT #438

"The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside." -Moore v. Madigan, 7th Circuit Court of Appeals, December 11, 2012

#709 colt-45

    Member

  • Members
  • 1,777 posts
  • Joined: 29-April 11

Posted 07 June 2012 - 09:44 AM

View PostTvandermyde, on 06 June 2012 - 09:44 PM, said:

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.
ok that makes more since to me. thanks Todd.

#710 NakPPI

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 908 posts
  • Joined: 27-June 11

Posted 07 June 2012 - 10:31 AM

I've never had an issue with cell phones in the Chicago area courts, just make sure it's turned off.

Edited by NakPPI, 07 June 2012 - 10:33 AM.

Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.

#711 frankw438

    Member

  • Supporting Members Team
  • PipPipPipPipPipPipPipPipPipPipPipPipPip
  • 684 posts
  • Joined: 01-April 09

Posted 07 June 2012 - 10:58 AM

View PostNakPPI, on 07 June 2012 - 10:31 AM, said:

I've never had an issue with cell phones in the Chicago area courts, just make sure it's turned off.

Thanks. Maybe that particular rule is just for CDIL.
NRA Life Member - NRA Certified Instructor - USPSA Range Officer - ITWT #438

"The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside." -Moore v. Madigan, 7th Circuit Court of Appeals, December 11, 2012

#712 frankw438

    Member

  • Supporting Members Team
  • PipPipPipPipPipPipPipPipPipPipPipPipPip
  • 684 posts
  • Joined: 01-April 09

Posted 07 June 2012 - 11:35 AM

I just called the clerk's office, and they confirmed that it is all right to have your cellphone in the courtroom as long as it is off. I think the total ban was alocal rule for US District Courts in Central IL.
NRA Life Member - NRA Certified Instructor - USPSA Range Officer - ITWT #438

"The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside." -Moore v. Madigan, 7th Circuit Court of Appeals, December 11, 2012

#713 billzfx4

    Member

  • Members
  • 1,383 posts
  • Joined: 24-February 08

Posted 07 June 2012 - 02:28 PM

View Postcolt-45, on 06 June 2012 - 07:27 PM, said:

i don't get what some on here are saying a ruling may be punt. what is punt? to me it's something you do with a football.

Punt is just a technical term for the court playing "hot potato" with the case. :P
When You Come For Mine, You Better Bring Yours.

#714 05FLHT

    TCB.

  • Supporting Members Team
  • 1,134 posts
  • Joined: 29-February 08

Posted 07 June 2012 - 02:40 PM

View PostTvandermyde, on 06 June 2012 - 09:44 PM, said:

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.

It would simply mean the 7th is not doing its job. The SCOTUS is NOT supposed to be a court of first impression.

The 7th stepped clear in front of the issue here and has put the games being played aside. Good or bad, it really looks like they want to make a decision.
FREE BUD! B/c Carry Will Come This Year!

In Todd We Trust!

"How a politician stands on the Second Amendment tells you how he or she views you as an individual...as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of." - Dr. Suzanne Gratia Hupp, Killeen Texas Luby's massacre survivor

"Arms in the hands of citizens may be used at individual discretion... in private self-defense." - John Adams

"Taking my gun away because I might shoot someone is like cutting my tongue out because I might yell 'Fire!' in a crowded theater." - Peter Venetoklis

#715 GarandFan

    Member

  • Members
  • 10,676 posts
  • Joined: 06-February 07

Posted 07 June 2012 - 07:18 PM

SPECIAL REQUEST ...

So, I am down here in the boonies, and of course can't attend the oral arguments tomorrow.  I for one would greatly appreciate summaries or perspectives from any of you who might be attending!  That would be great if you are willing!

I will of course listen to the argument audio when it is available, but there are various nuances that one misses by not seeing the judges ask their questions, interact with the attorneys, use body language and facial expressions, etc.

I do agree with those (05FLHT especially) who have pointed out that the court has put itself "out in front" of this issue.  While it is reasonable to presume they may indeed punt the big question up to the Supreme Court, we also may be surprised with how they interact during arguments (and with how they ultimately rule).  They certainly have been briefed well on this issue ... so any "wussed out" ruling won't be for a lack of having the information!

Thanks in advance!
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#716 dmefford

    Member

  • Supporting Members Team
  • PipPipPipPipPip
  • 267 posts
  • Joined: 16-August 11

Posted 08 June 2012 - 07:36 AM

After the solid remarks made by the 7th in the Ezzel case, and the research and subsequent decisions in the Maryland and North Carolina cases, I think there is a small body of accumulating favorable (to us) decisions that may assist in the 7th in going for a solid constitutional argument that Illinois law is unconstitutional.  Which, of course, it is...

My gut feelings have been known to be unreliable :hmm: .  So read with a grain of salt...  It might be wishful thinkin'.

Regards, Drd
Visit my Blog: "Shall Not Be Infringed"

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.
--Thomas Jefferson to I. Tiffany, 1819

#717 Federal Farmer

    David Lawson

  • Moderator
  • 7,845 posts
  • Joined: 03-January 07

Posted 08 June 2012 - 07:54 AM

View PostGarandFan, on 07 June 2012 - 07:18 PM, said:

SPECIAL REQUEST ...

So, I am down here in the boonies, and of course can't attend the oral arguments tomorrow.  I for one would greatly appreciate summaries or perspectives from any of you who might be attending!  That would be great if you are willing!

I will of course listen to the argument audio when it is available, but there are various nuances that one misses by not seeing the judges ask their questions, interact with the attorneys, use body language and facial expressions, etc.

I do agree with those (05FLHT especially) who have pointed out that the court has put itself "out in front" of this issue.  While it is reasonable to presume they may indeed punt the big question up to the Supreme Court, we also may be surprised with how they interact during arguments (and with how they ultimately rule).  They certainly have been briefed well on this issue ... so any "wussed out" ruling won't be for a lack of having the information!

Thanks in advance!

I won't be there but Colleen is attending.  I forwarded your request and she wants you to know 2 things:  1.  She brought her glasses, 2. She's trained in reading micro-expressions.

Quote

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.
--George Orwell

#718 Howard Roark

    Member

  • Members
  • 1,906 posts
  • Joined: 17-August 09

Posted 08 June 2012 - 02:27 PM

View PostFederal Farmer, on 08 June 2012 - 07:54 AM, said:

View PostGarandFan, on 07 June 2012 - 07:18 PM, said:

SPECIAL REQUEST ...

So, I am down here in the boonies, and of course can't attend the oral arguments tomorrow.  I for one would greatly appreciate summaries or perspectives from any of you who might be attending!  That would be great if you are willing!

I will of course listen to the argument audio when it is available, but there are various nuances that one misses by not seeing the judges ask their questions, interact with the attorneys, use body language and facial expressions, etc.

I do agree with those (05FLHT especially) who have pointed out that the court has put itself "out in front" of this issue.  While it is reasonable to presume they may indeed punt the big question up to the Supreme Court, we also may be surprised with how they interact during arguments (and with how they ultimately rule).  They certainly have been briefed well on this issue ... so any "wussed out" ruling won't be for a lack of having the information!

Thanks in advance!

I won't be there but Colleen is attending.  I forwarded your request and she wants you to know 2 things:  1.  She brought her glasses, 2. She's trained in reading micro-expressions.

I was sitting next to Colleen.  She was wearing her glasses.  She had a good view of all the judges faces.   And their frowns.  :-s  

lolol
Howard Roark
Yay guns!!!  boooo anti-gunners!

#719 bob

    Member

  • Members
  • 3,164 posts
  • Joined: 14-November 05

Posted 08 June 2012 - 09:06 PM

View Post05FLHT, on 07 June 2012 - 02:40 PM, said:

View PostTvandermyde, on 06 June 2012 - 09:44 PM, said:

My term punt means that the Court may agree in part, but say they need more direction from SCOTUS and rule against us citing lack of clear direction from on high. Thus dumping it in their lap.

It would simply mean the 7th is not doing its job. The SCOTUS is NOT supposed to be a court of first impression.

The 7th stepped clear in front of the issue here and has put the games being played aside. Good or bad, it really looks like they want to make a decision.
The judges certainly asked a lot of tough questions and seemed to focus more on how much can be banned and not whether the total ban is OK. But, who knows what that means when it comes to a decision. It seems to me the state's mouth piece did us a big favor though - he explicitly suggested that the ban is not consitutional under strict scrutiny, and seemed to be arguing against strict scrutiny as much as anything.
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

http://ilbob.blogspot.com/

#720 TFC

    Member

  • Members
  • 1,128 posts
  • Joined: 28-October 11

Posted 09 June 2012 - 10:27 PM

I was listening to the oral arguments again. Was the panel "signaling" to the plaintiffs to "advise" the defendants on what the CCW law "should" be?
~If you speak of a gun as a toy, then you see medical waste as playground filler. Yes, it means you're a screwed up individual.~
~"An invasion of mainland America is unwise. Behind every blade of grass a rifle would await us"
-Yamamoto Isoroku
Yes. I'm predicting that Chicago/Cook county will be sold out in order to get "shall issue".




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users