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tcstoner

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  1. Most cases that are heard in the Supreme Court of either the states or the Supreme Court of the United States are overturned. This is especially true of the states. If the state Supreme Court agrees with the state appeals court, they simply don't accept the case and the ruling of the appeals court stands. The fact that the Illinois Supreme Court took the case is a good sign. With the U.S. Supreme Court, they are usually deciding conflicting Circuit appeals of a similar federal question. One Circuit is going to get overturned while another Circuit gets affirmed. The coastal Circuits are issuing liberal verdicts while the midwest Circuits are issuing conservative verdicts for the same federal question. When that happens, it is up to SCOTUS to decide. Otherwise, there is not a national legal consensus.
  2. They must not have locked down that 5th vote. If there was 5 votes to overturn it, it would have been accepted by now. There’s nothing worse than accepting the case and there are five votes to affirm the appellate court.
  3. RBG and Scalia would have been on the same side on this case. I think it will get knocked down more than a 5-4 decision. Rights in the home are sacrosanct. Frankly, RBG would have agreed with the ACLU to overturn. She was their lead counsel. Scalia would have agreed to overturn based on 2A and government intrusion on those rights. Who knows what would be decided if it was drugs or another issue. Because this involved firearms, it was the perfect case to set case law with greater support. It will send a message to the appellate courts that justices are united on this issue of rights in the home. It takes four justices to accept a case. I'll bet this one got much greater support.
  4. When a case is relisted, the justices do not grant or deny review, but instead will reconsider the case at their next conference. This will be reflected on the case’s electronic docket once the docket has been updated: You will see the words “DISTRIBUTED for Conference of [fill in date],” and then the next entry in the docket will usually say “DISTRIBUTED for Conference of [next conference after the previous entry, whenever that is].” It is almost impossible to know exactly what is happening when a particular case is relisted, but a few different things could be going on. One justice could be trying to pick up a fourth vote to grant review, one or more justices may want to look more closely at the case, a justice could be writing an opinion about the court’s decision to deny review, or the court could be writing an opinion to summarily reverse (that is, without briefing or oral argument on the merits) the decision below. In 2014, the court appears to have adopted a general practice of granting review only after it has relisted a case at least once; although we don’t know for sure, presumably the court uses the extra time resulting from a relist to make sure that the case is a suitable one for its review.
  5. The Illinois Supreme Court are starting to see gun rights advocates aren't afraid to take cases to federal court. Now, gun rights advocates have competent appellate lawyers. So if Illinois Supreme Court wants a say, they have no recourse except to take the case. The U.S. Court of Appeals for the Seventh Circuit (IL, WI, IN) leans conservative. Since few cases go to SCOTUS, IL AG doesn't want the cases decided in the Seventh Circuit.
  6. Sounds like you’ll have to wait a year. The evaluation and treatment seems to be a condition of your court supervision. By then, maybe ammo will be available.
  7. If fingerprinted for the offense, check your criminal history and see how the court reported it. If it shows a conviction, wait a year. That’s my recommendation. If not fingerprinted, check the court’s online case search to see what it says. Those should be what ISP use. https://www.isp.state.il.us/docs/2-577.pdf
  8. It is continual vetting. They can have no expiration dates on FOIDS and could revoke them when the person gets flagged through Rap Back. This would immediately notify ISP even if arrested and fingerprinted in another state.
  9. They want to go to Rap Back. Anytime anyone gets arrest prints done, ISP will be notified. CJIS Noncriminal Rap Back Service — FBI
  10. It looks like all the motions have been filed in this case. I suspect it will move closer to being decided. Then back to appeals unless the state wants to negotiate their way out of it.
  11. It goes to SCOTUS conference today. We should know on Monday if SCOTUS takes the case. Docket for 20-843 (supremecourt.gov)
  12. This link will keep you updated on the case: Luce v. Kelly, 1:21-cv-01250 – CourtListener.com
  13. Here's are two other cases currently pending in federal court as well. Thomas v. Kelly, 1:20-cv-00734 – CourtListener.com Bradley v. Kelly, 1:20-cv-04270 – CourtListener.com
  14. Here's a new case just filed. Trying to stop CCW delays. Luce v. Kelly, 1:21-cv-01250 – CourtListener.com
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