Euler Posted May 18, 2024 at 04:28 AM Share Posted May 18, 2024 at 04:28 AM On May 15, defendants notified the court of their intent to revise their experts' reports. [duh] Link to comment Share on other sites More sharing options...
Euler Posted June 2, 2024 at 01:16 AM Share Posted June 2, 2024 at 01:16 AM On May 15, the judge set the following schedule: June 28: Defendants' supplemental expert brief due July 12: Plaintiffs' response brief due; there will be no reply brief Order said:... Briefs are limited to 5 pages and limited to what is presented in the supplemental expert reports. Please don't over litigate this aspect of the case. None of this really should have been a surprise to an "expert" in this field. Link to comment Share on other sites More sharing options...
Euler Posted July 4, 2024 at 02:09 AM Share Posted July 4, 2024 at 02:09 AM On July 2, Foxx filed a motion to request a joint status meeting to discuss the impact of the Rahimi decision on this case. The plaintiffs contend that Rahimi does not affect this case. The defendants contend that Rahimi's loosening of the standards by which text, history, and tradition are applied makes it relevant. Link to comment Share on other sites More sharing options...
davel501 Posted July 4, 2024 at 06:38 AM Share Posted July 4, 2024 at 06:38 AM On 7/3/2024 at 9:09 PM, Euler said: On July 2, Foxx filed a motion to request a joint status meeting to discuss the impact of the Rahimi decision on this case. The plaintiffs contend that Rahimi does not affect this case. The defendants contend that Rahimi's loosening of the standards by which text, history, and tradition are applied makes it relevant. I figured they'd lean into Rahimi. Riding public transportation does not make one dangerous. That should really be the headline here. Foxx says people are dangerous and should be disarmed because they use public transportation. Rahimi did mention that concealed carry was banned in certain places but those were fixed places, not moving gun free zones that are impossible to secure. Link to comment Share on other sites More sharing options...
Euler Posted July 9, 2024 at 02:17 AM Share Posted July 9, 2024 at 02:17 AM On July 8, the judge denied Foxx's motion for a hearing on Rahimi. Link to comment Share on other sites More sharing options...
Euler Posted July 17, 2024 at 09:03 PM Share Posted July 17, 2024 at 09:03 PM On July 9, having been denied a hearing on Rahimi, Foxx filed a motion to supplement briefings with arguments concerning Rahimi. On the same day, the judge denied it. Link to comment Share on other sites More sharing options...
Euler Posted July 27, 2024 at 01:13 AM Share Posted July 27, 2024 at 01:13 AM On July 23, Foxx tried once again to inject the Rahimi decision into this case. She filed it as a supplemental authority. On July 24, the judge struck Rahimi as a supplemental authority. Link to comment Share on other sites More sharing options...
John Q Public Posted July 27, 2024 at 03:45 PM Share Posted July 27, 2024 at 03:45 PM Sounds like the Judge is getting p*****. Link to comment Share on other sites More sharing options...
THE KING Posted July 27, 2024 at 09:51 PM Share Posted July 27, 2024 at 09:51 PM https://youtu.be/CKEfOJpyT4I?si=TCg1lKe2LM93Upe8 Link to comment Share on other sites More sharing options...
Molly B. Posted August 30, 2024 at 10:10 PM Author Share Posted August 30, 2024 at 10:10 PM A win at the Federal District Court level. Reading now! Expect the other side to appeal. Schroenthal 108 - Opinion of 083024.pdf Link to comment Share on other sites More sharing options...
Molly B. Posted August 30, 2024 at 10:11 PM Author Share Posted August 30, 2024 at 10:11 PM Quote Court finds that Defendants failed to meet their burden to show an American tradition of firearm regulation at the time of the Founding that would allow Illinois to prohibit Plaintiffs—who hold concealed- carry permits—from carrying concealed handguns for self-defense onto the CTA and Metra.4 For the following reasons, Ms. Foxx’s motion is denied, State Defendants’ motion is denied, and Plaintiffs’ motion is granted in part. Link to comment Share on other sites More sharing options...
Molly B. Posted August 30, 2024 at 10:17 PM Author Share Posted August 30, 2024 at 10:17 PM Quote Not immediately conceding Bruen’s relevance, Ms. Foxx tries to borrow principles from other areas of law to defend the Firearm Concealed Carry Act’s ban. Both her arguments fail. Link to comment Share on other sites More sharing options...
Molly B. Posted August 30, 2024 at 10:22 PM Author Share Posted August 30, 2024 at 10:22 PM Quote Plaintiffs’ motion for summary judgment is granted in part. The Court grants de- claratory relief against Kwame Raoul, Kimberly Foxx, and Robert Berlin, in their official capacities, that the Firearm Concealed Carry Act’s ban on carrying concealed firearms on public transportation, as defined in the statute, 430 ILCS 66/65(a)(8), violates the Second Amendment, as applied to: • Benjamin Schoenthal carrying a concealed firearm for self-defense on Metra, and on Metra’s real property to the extent necessary to ride Metra. The Court grants declaratory relief against Kwame Raoul and Kimberly Foxx, in their official capacities, that the Firearm Concealed Carry Act’s ban on carrying con- cealed firearms on public transportation, as defined in the statute, 430 ILCS 66/65(a)(8), violates the Second Amendment, as applied to: • Mark Wroblewski carrying a concealed firearm for self-defense on Metra, and on Metra’s real property to the extent necessary to ride Metra; • Joseph Vesel carrying a concealed firearm for self-defense on Metra and the CTA, and on Metra and the CTA’s real property to the extent necessary to ride Metra and the CTA; and • Douglas Winston carrying a concealed firearm for self-defense on Metra and the CTA, and on Metra and the CTA’s real property to the extent necessary to ride Metra and the CTA. Date: August 30, 2024 ______ Link to comment Share on other sites More sharing options...
Euler Posted August 30, 2024 at 10:54 PM Share Posted August 30, 2024 at 10:54 PM Opinion said:... Ms. Foxx['s] ... argument -- which is breathtaking, jawdropping, and eyepopping -- is this: the ban applies only to property "funded in whole or in part" by Illinois, so Illinois has a proprietary interest in what it regulates. Because governments, like private property owners, enjoy "an absolute right to exclude others" from their property, Illinois may exclude whomever it wishes. ... On her view, when the government regulates its own property, that regulation is exempt from the coverage of the Second Amendment, or any other constitutional guarantee of individual rights. ... Ms. Foxx also relies on Heller's statement that the Second Amendment can protect modern forms of arms in the same way that the First Amendment protects modern forms of communication. ... She cites examples of intermediate scrutiny applied to content-neutral "time, place, or manner" restrictions. ... But the intermediate scrutiny standard applied to content-neutral "time, place, or manner" restrictions is what Bruen unambiguously rejected. ... As for injunctive relief, Plaintiffs have made no argument regarding why they're entitled to injunctive relief. ... This decision applies only to the plaintiffs, not anyone else. The prohibition against carry on public transportation is not enjoined. Link to comment Share on other sites More sharing options...
Molly B. Posted August 30, 2024 at 10:56 PM Author Share Posted August 30, 2024 at 10:56 PM Another crack in the dam!! Link to comment Share on other sites More sharing options...
mauserme Posted August 30, 2024 at 11:06 PM Share Posted August 30, 2024 at 11:06 PM This action has been properly brought before this Court—despite the disputes over venue and standing, the parties can’t escape the Court. The parties also can’t escape that this case requires navigating the murky waters of Bruen. Plaintiffs’ proposed conduct—carrying concealed handguns on public transit for self-defense—falls within the presumptive ambit of the Second Amendment, shifting the burden to Defendants to show that the Firearm Concealed Carry Act’s ban falls within the historical tradition of firearm regulation in this country. On the record before the Court in this case, Defendants have failed to meet their burden It's encouraging to see a judge correctly applying the standard set in NSRPA v Bruen, instead of complaining about it. Link to comment Share on other sites More sharing options...
ragsbo Posted August 30, 2024 at 11:26 PM Share Posted August 30, 2024 at 11:26 PM On 8/30/2024 at 5:54 PM, Euler said: This decision applies only to the plaintiffs, not anyone else. The prohibition against carry on public transportation is not enjoined. I can't get my mind wrapped around that. SO it is unconstitutional for the state to prevent these folks from doing it, but constitutional for the state to prevent the rest of us. Talk about injustice and severe tier justice system. Either it is for all or it is for NONE!!!! Link to comment Share on other sites More sharing options...
Euler Posted August 30, 2024 at 11:37 PM Share Posted August 30, 2024 at 11:37 PM On August 30, 2024 at 06:26 PM CDT, ragsbo said:→I can't get my mind wrapped around that. SO it is unconstitutional for the state to prevent these folks from doing it, but constitutional for the state to prevent the rest of us. ... The opinion didn't conclude that it's constitutional for the government to prevent the rest of us from exercising our rights, but only that the plaintiffs did not argue that anyone but themselves had those rights. Link to comment Share on other sites More sharing options...
ragsbo Posted August 31, 2024 at 01:07 AM Share Posted August 31, 2024 at 01:07 AM On 8/30/2024 at 6:37 PM, Euler said: The opinion didn't conclude that it's constitutional for the government to prevent the rest of us from exercising our rights, but only that the plaintiffs did not argue that anyone but themselves had those rights. that does not make sense Link to comment Share on other sites More sharing options...
mikew Posted August 31, 2024 at 04:38 AM Share Posted August 31, 2024 at 04:38 AM No more canned hunt on the CTA? Yea. Link to comment Share on other sites More sharing options...
mikew Posted August 31, 2024 at 04:47 AM Share Posted August 31, 2024 at 04:47 AM The CTA will end up being somewhat safer after some self-defense-justified activities by the ridership. Link to comment Share on other sites More sharing options...
TomKoz Posted August 31, 2024 at 05:37 AM Share Posted August 31, 2024 at 05:37 AM I am NOT advocating for breaking Any law … anyone ever heard of the phrase?… Best to be judged by 12 than carried by 6 ? Link to comment Share on other sites More sharing options...
davel501 Posted August 31, 2024 at 04:32 PM Share Posted August 31, 2024 at 04:32 PM On 8/31/2024 at 12:37 AM, TomKoz said: I am NOT advocating for breaking Any law … anyone ever heard of the phrase?… Best to be judged by 12 than carried by 6 ? It's a phrase that tends to be spoken by people who end up bankrupting their families and getting locked up with the very people they sought to protect themselves from. Link to comment Share on other sites More sharing options...
Smallbore Posted September 1, 2024 at 01:06 AM Share Posted September 1, 2024 at 01:06 AM One has to be alive to have the system stomp on one. How often in real life has "Best be judged........." proven to be a bad choice? Link to comment Share on other sites More sharing options...
TomKoz Posted September 1, 2024 at 08:52 AM Share Posted September 1, 2024 at 08:52 AM On 8/31/2024 at 11:32 AM, davel501 said: It's a phrase that tends to be spoken by people who end up bankrupting their families and getting locked up with the very people they sought to protect themselves from. It’s a phrase that tends to be spoken by people who are not sheep. Link to comment Share on other sites More sharing options...
SiliconSorcerer Posted September 1, 2024 at 06:15 PM Share Posted September 1, 2024 at 06:15 PM All laws are voluntary... Link to comment Share on other sites More sharing options...
John Q Public Posted September 1, 2024 at 06:31 PM Share Posted September 1, 2024 at 06:31 PM For the rich and the left... Link to comment Share on other sites More sharing options...
JTHunter Posted September 2, 2024 at 07:38 PM Share Posted September 2, 2024 at 07:38 PM On 8/30/2024 at 11:47 PM, mikew said: The CTA will end up being somewhat safer after some self-defense-justified activities by the ridership. (borrowed from LOU in IL Politics - ) Quote CHICAGO (CBS) — Four people were killed in a mass shooting on a CTA Blue Line train in Forest Park on Monday morning. Forest Park Police Deputy Chief Christopher Chin said all four victims were passengers on a Blue Line train as it was headed into the Forest Park terminal when they were shot shortly before 5:30 a.m. Police said three victims were found dead at the scene. A fourth victim was taken to a local hospital and pronounced dead. Chin said the victims' ages and genders were not yet available as of 11:15 a.m. Chin said the shooting appeared to be an isolated incident, and there was no threat to the community. Investigators believe there was only one shooter. Police said it did not appear the shooter knew any of the victims, who all appeared to be homeless people riding the train. Police also said it did not appear that the shooting involved a robbery, and that the attack was completely random. Link to comment Share on other sites More sharing options...
starwatcher Posted September 2, 2024 at 09:01 PM Share Posted September 2, 2024 at 09:01 PM (edited) "...there was no threat to the community." That's a pretty bold statement when a gunman on the lose randomly killed 4 people. Edited September 2, 2024 at 09:02 PM by starwatcher Link to comment Share on other sites More sharing options...
mab22 Posted September 2, 2024 at 09:46 PM Share Posted September 2, 2024 at 09:46 PM But the police said they “appeared to be homeless”….. Nothing to see here? Did they have certain political hats on? 🤷♂️🤦♂️ Quote Police said it did not appear the shooter knew any of the victims, who all appeared to be homeless people riding the train. Police also said it did not appear that the shooting involved a robbery, and that the attack was completely random. Link to comment Share on other sites More sharing options...
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