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A good federal judge??


powderhead

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Some interesting reading in this article.  I hope it hasn't been previously posted.

 

 

https://www.thecentersquare.com/illinois/federal-judge-in-illinois-gun-ban-cases-orders-state-to-show-each-and-every-item/article_936ac308-abeb-11ed-83a0-e3b567a83f36.html 

 

“Because the ban is so all encompassing and uses a great many vague terms that I’m not even sure that exactly what is banned and that’s probably why judge McGlynn ordered the state to do that so that we could find out what exactly we are arguing about,”      

 

 

 

 

 

 

Edited by powderhead
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  • 3 weeks later...
On 3/3/2023 at 3:06 PM, KnowThyZomB said:

Last I read, the Macon standalone case was supposed to have a hearing today?

 

Is there anyway to get an update on that before the news reporters write something up?

I have this, but I don't exactly know what it says. But there are 2 updates from today on it.

https://judici.com/courts/cases/case_history.jsp?court=IL058015J&ocl=IL058015J,2023CH3,IL058015JL2023CH3P1

Edited by DaveIL
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The relevant docket entry appears to be:

Quote

Court removes file from advisement. Court reviews the Proposed Final Judgment which has been presented to the court as a matter of resolving all claims at the circuit court level, while preserving the parties individual rights to appeal. The Final Judgment is approved
as to form by Plaintiffs and Defendants Govenor Pritzker and Attorney General Raoul in Their Official Capacities. Representation that Speaker of the House Welch and Senate President Harmon also approve the Final Judgment as to form and wish to proceed in this manner. Final Judgment entered and on file today's date. The Petition to Intervene is dismissed as there is no other pending matter before the court. CLERK IS DIRECTED TO SEND A COPY OF THIS DOCKET ENTRY AND A COPY OF THE FINAL JUDGMENT TO COUNSEL OF RECORD.

 

So the judge appears to have come to a Final Judgment and the case is ripe for appeal.

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On 3/3/2023 at 7:52 PM, Capt_Destro said:

The state is in a real catch 22 now.

 

If they don't appeal, we win.

If they appeal, they run a huge risk

The state may see this a little differently. If they lose, they can use the loss to attempt to undermine the legitimacy of the judiciary. Chuck Schumer has already laid the groundwork for extremist attacks on judges. Don’t be surprised if Pritzker follows his lead.

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On 3/5/2023 at 8:53 AM, Matt B said:

This is a state court case, no risk to the state appealing to the Illinois Supreme Court and they have already done so. They probably stand a good chance of prevailing in that court. The risk comes in the federal cases where potential appeals up the 7th to scotus could set precedent binding in other states.

AWB may already be resolved by the time we get there, it's farther along in other states. 

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“Probably stand a good chance”

”could set precedent”

 

I’ll say If you bet the farm that the Supreme Court will overturn AWBs

you’re braver than I am. I bet they are hoping they don’t have to hear the case. Why else kick back down in 

to the federal circuit swamp to flounder for the duration. We think its 

obviously unconstitutional. Obviously its not so obvious or else the last highest court would rule it so. 

Folks have been complaining the FOID is unconstitutional for over 55 years. So far so good on that one.  

I believe we should not be so certain that Bruen is going to save us in the end.

https://www.thetruthaboutguns.com/vladeck-the-5th-circuits-rahimi-decision-reveals-two-problems-with-bruen/

 

Any one here willing to bet me a substantial sum to a favorite charity that Roberts and Kavanaugh will over turn AWBs and registration schemes? I fear not. Roberts tried to moderate the abortion decision. They are both wild cards.

 

Edited by lilguy
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On 3/4/2023 at 9:39 AM, Felixd said:

It shall be interesting to see what shops have the hutzpah to start selling the formally “banned” items again. We’ll need to remember them for the future. 

 

From the discussion in the other thread about this case over in the judicial side, it sounds like the general consensus is that this does not yet do anything to stop enforcement of the law.  In particular, some pretty respected and informed folks (such as Todd V.) say they don't see anything that would change the current status quo until more happens.  I suggest going through that thread as well, but I'd say this sounds like at best we have a bit more waiting to do on this front and at worst, this could even damage our overall prospects.
 

 

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On 3/6/2023 at 12:14 PM, TargetCollector said:

 

From the discussion in the other thread about this case over in the judicial side, it sounds like the general consensus is that this does not yet do anything to stop enforcement of the law.  In particular, some pretty respected and informed folks (such as Todd V.) say they don't see anything that would change the current status quo until more happens.  I suggest going through that thread as well, but I'd say this sounds like at best we have a bit more waiting to do on this front and at worst, this could even damage our overall prospects.
 

Thanks for the broader perspective. I am not an attorney nor a legal scholar so I operate under a simpler idea about the courts. My misunderstanding of all this stems from the knowledge that if I were convicted of a crime in Lake County I’d still be a convicted criminal in Alexander County even if I appealed my conviction. Knowing that, I have difficulty understanding why state government assumes they are immune to the Macon County court order especially when the state agreed to the ruling. But, this now brings to mind another question. Would any LE organization in Illinois enforce a law that has been lawfully adjudicated and found unconstitutional? Even with the hubris shown so frequently by some agencies the litigation coming from that would seem obvious and avoidable.  Thanks for the conversation. 

 

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I'm certainly no expert of law, myself, unfortunately, but I'm glad you found the insights I picked-up from the other discussion helpful.  I also don't know why this ruling would not have a direct effect on the law, but I am not surprised that it is more difficult and time-consuming than getting a single judge to agree with us.

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  • 1 month later...
On 4/12/2023 at 11:26 AM, lawman said:

According to the Southern District's website:

 

In light of the public health crisis due to the COVID-19 virus and per reasons set forth in Amended Administrative Order #266, public access to hearings is available via teleconference as noted in PACER/CMECF.

Thanks

 

https://www.youtube.com/watch?v=6ORytOe0kxk&ab_channel=CourtOfAppeals7thCircuit

 

Might stream here, I'm not positive

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On 4/12/2023 at 10:36 AM, KnowThyZomB said:

Anyone have a way to get updates for the case today? play by play, spy microphone, drawings of the event?

 

Does this help? Courtesy of our own Molly B.

 

 

20230412_124325.jpg

Edited by springfield shooter
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