Robert Bevis mentioned the other night when we had a good conversation about his latest filing for an emergency appeal to the US Supreme Court. Specifically, an appeal to Amy Coney Barrett to issue a preliminary injunction blocking the so-called “Protect Illinois Communities Act” gun and magazine ban. He didn’t greenlight me to publicize it, at least overtly, so I sat on it. In this case, after the appeal was filed, US Supreme Court Justice Amy Coney Barrett ordered the State of Illinois to submit a reply by end of business on December 6th.
There are a lot of things happening in the Pritzker’s Paradise right not, including oral arguments in front of Judge McGlynn in the amended complaint in the FFL-IL case (otherwise known as Guns Save Life’s lawsuit, or GOA, or Aurora Sportsmen’s Club, among others). Kwame’s legal team is going to have a lot of sleepless nights in the coming days.
Here’s my take: ACB is not going to grant this request. SCOTUS seldom ever issues or intervenes in cases that aren’t adjudicated. In other words, with scarce and narrow few exceptions, they just don’t deal in preliminary injunctions like this one or the associated appeals of decisions relating to preliminary injunctions. Mark Smith mentions this at bit in his video (below if you’ve got 11 minutes to watch it).
Smith also says that by ACB asking for this reply from the State of IL, it shows that she’s well aware of what’s going on in the Seventh Circuit. That’s a good thing. What’s more, the Bevis case filing (by the National Association for Gun Rights, kudos to them!) clearly spells out the transgressions of Frank Easterbrook and Diane Wood in shirking their responsibilities as an INFERIOR COURT to follow SCOTUS precedent from the Bruen decision. Frivolous Frank and Diane Wood’s shenanigans are NOT going unnoticed.
Someday the Seventh Circuit’s mental gymnastics will ultimately serve as the downfall to large swaths of gun control in our state. Some might say they would be better to just begin dismantling it piecemeal as these cases come up, but I think hubris is a powerful intoxicant. In the end, instead of losing on one or two issues, SCOTUS is going to prune a whole lot of gun control all at once and not just for Illinois, but nationwide.
If you have the sixteen minutes to watch both videos, go for it. These provide some very good analysis and represent time well spent. Watch out for other “topic desperate” YouTubers who will over-sensationalize this bit of news to clickbait people who don’t know any better.
Todd Vandermyde also offers his analysis at Freedom’s Steel.