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Miller vs Walker - IllinoisCarry Joins Challenge of Day Care Licensee Handgun Ban

Molly B.

By Molly B.,
in Judicial Second Amendment Case Discussion

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Euler Member

Euler

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The court is trying to schedule oral arguments for January.

 

10/13/2022 42 Amicus brief filed by Amicus Curiae Everytown for Gun Safety, by consent. Paper copies due on 10/20/2022 Electronically Transmitted. [42] [7266501] [22-1482] (SK) [Entered: 10/14/2022 09:10 AM]
10/13/2022 43 Amicus brief filed by Amici Curiae Daniel Webster, Jon Vernick, Kelly Roskam, Alexander Mccourt, Joshua Horwitz and Timothy J. Carey by consent. Paper copies due on 10/20/2022. Electronically Transmitted. [43] [7266519] [22-1482] (CAG) [Entered: 10/14/2022 10:01 AM]
10/14/2022 44 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonaki M. Singh for Amici Curiae American Academy of Pediatrics, Illinois State Medical Society and American Medical Association. Additional Parties: Illinois Chapter, American Academy of Pediatrics. [44] [7266577] (L-No; E-No; R-No) [22-1482] (Singh, Jonaki) [Entered: 10/14/2022 11:55 AM]
10/17/2022 45 Paper copies of amicus brief filed by Amici Curiae American Academy of Pediatrics, American Academy of Pediatrics, American Medical Association, Illinois Chapter, and Illinois State Medical Society. [45] [7266817] [22-1482] (KRA) [Entered: 10/17/2022 11:20 AM]
10/18/2022 46 Paper copies of amicus brief filed by Amicus Curiae Everytown for Gun Safety. [46] [7267169] [22-1482] (KRA) [Entered: 10/18/2022 11:58 AM]
10/19/2022 47 Paper copies of amicus brief filed by Amici Curiae Timothy J. Carey, Joshua Horwitz, Alexander Mccourt, Kelly Roskam, Jon Vernick and Daniel Webster. [47] [7267681] [22-1482] (KRA) [Entered: 10/19/2022 04:07 PM]
10/27/2022 48 Submitted appellant reply brief by David H. Thompson for Appellants Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller and Second Amendment Foundation, Incorporated. [48] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7269469] [22-1482] (Thompson, David) [Entered: 10/27/2022 12:32 PM]
10/27/2022 49 Appellant's reply brief filed by Appellants Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller and Second Amendment Foundation, Incorporated. Paper copies due on 11/03/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [49] [7269571] [22-1482] (SK) [Entered: 10/27/2022 02:45 PM]
11/01/2022 50 Paper copies of appellant reply brief filed by Appellants Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller and Second Amendment Foundation, Incorporated. [50] [7270391] [22-1482] (SK) [Entered: 11/01/2022 10:31 AM]
11/09/2022 51 NOTICE: Attorney Ms. Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith will not be available for oral argument January 17-18, 2023. [51] [7272345] [22-1482] (Hunger, Sarah) [Entered: 11/09/2022 09:58 AM]
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Euler Member

Euler

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11/30/2022 52 Argument set for Thursday, January 5, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 15 minutes. [52] [7276199] [22-1482] (MAN) [Entered: 11/30/2022 03:09 PM]
12/16/2022 53 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph O. Masterman for Appellants Jennifer J. Miller, Darin E. Miller, Second Amendment Foundation, Incorporated, Illinois State Rifle Association and Illinois Carry. [53] [7279770] (L-No; E-Yes; R-No) [22-1482] [Edited 12/16/2022 by CG to reflect the addition of counsel.] (Masterman, Joseph) [Entered: 12/16/2022 02:38 PM]
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Upholder Member

Upholder

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In response to @Molly B. request for assistance researching delays in this case requested by the defense...

 

Requests by Madigan or Raoul for extensions for this case:

  1. May 11, 2018 - Docket Entry #8 - granted until 6/20/2018
  2. April 5, 2019 - Docket Entry #14 - granted until 5/3/2019
  3. May 2, 2019 - Docket Entry #15 - may qualify as a delay, unclear (I am not a lawyer) see first quoted block below or docket itself
  4. June 10, 2019 - Docket Entry #20 - granted until July 3, 2019
  5. March 20, 2020 - Docket Entry #37 - joint motion to stay discovery deadlines - allowed in part
  6. April 22, 2021 - Docket Entry #42 - joint motion for extension of time to file dispositive motions by defendant Raoul - extended to 8/13/2021

 

Quote

May 2, 2019 - #15 - TEXT ORDER: Defendants' Unopposed Motion to Stay the Responsive Pleading Date 15, to which Plaintiffs' counsel does not object, is GRANTED. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Complaint for Declaratory and Injunctive Relief 1 is VACATED. The Court will impose a new deadline after ruling on Plaintiffs' anticipated motion for leave to file an amended complaint. If Plaintiffs intend to seek leave to file an amended complaint, they shall do so by Friday, May 10, 2019. Entered by Judge Sue E. Myerscough on 5/2/2019. (MJC, ilcd)

 

Edited by Upholder
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Euler Member

Euler

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Appeal docket update: Nothing you didn't already know.

 

12/19/2022 54 Received argument confirmation from Joseph O. Masterman for Appellants Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller and Second Amendment Foundation, Incorporated. [54] [7279965] [22-1482] (Masterman, Joseph) [Entered: 12/19/2022 11:17 AM]
12/23/2022 55 Received argument confirmation from Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith. [55] [7281231] [22-1482] (Hunger, Sarah) [Entered: 12/23/2022 04:22 PM]
12/27/2022 56 Received argument confirmation per argument email form for Attorney Ms. Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith. [56] [7281295] [22-1482] (LCP) [Entered: 12/27/2022 08:20 AM]
12/27/2022 57 Received argument confirmation per argument email form for Attorney Joseph Masterman for Appellants Second Amendment Foundation, Incorporated, Illinois State Rifle Association, Jennifer J. Miller, Darin E. Miller and Illinois Carry. [57] [7281371] [22-1482] (LCP) [Entered: 12/27/2022 11:28 AM]
01/05/2023 58 Case heard and taken under advisement by panel: Joel M. Flaum, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Michael B. Brennan, Circuit Judge. [58] [7282919] [22-1482] (LCP) [Entered: 01/05/2023 02:01 PM]
01/05/2023 59 Case argued by Joseph Masterman for Appellants Second Amendment Foundation, Incorporated, Illinois State Rifle Association, Jennifer J. Miller, Darin E. Miller and Illinois Carry and Ms. Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith. [59] [7282921] [22-1482] (LCP) [Entered: 01/05/2023 02:02 PM]
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Molly B. Member

Molly B.

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We now remand for additional proceedings to receive the full benefit of the district court’s decision applying the “text, history, and tradition” test of Bruen. On remand, the district court should allow the parties to engage in further discovery, including seeking additional expert reports. The district court should then evaluate any subsequent motions under Bruen’s text, history, and tradition framework. In doing so, the court should permit briefing on and consider the interaction of Bruen and the unconstitutional conditions doctrine, including but not limited to the employment context. See, e.g., NASA v. Nelson, 562 U.S. 134 (2011); Engquist v. Oregon Dept. of Agri., 553 U.S. 591 (2008). The court should also allow discovery and briefing on the sensitive places doctrine, and on any other matter that the court and the parties find relevant in light of Bruen.
For these reasons, we VACATE the district court’s grant of summary judgment for the State of Illinois and REMAND for further proceedings consistent with this order.

 

 

Bruen comes to Illinois!!

7th Circuit Appeal opinion.pdf

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