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.
Another small step, not a giant leap. Meanwhile, we have to live in fear of our own government and their police force (ISP). In comparison, criminals do not scare me very much .
Here is some additional insight into the thinking behind the Bevis Motion
We all hope you’re wrong, but understand how it works given what we’ve learned in the past few months. However, since the 7th circus of appeals issued a decision, doesn’t that open the door for SCOTUS to flex?
McGlynn needs to fast track this to trial immediately. The state has acted in bad faith and activist judges on the 7th circuit who care more about their ego than the law and constitution. McGlynn needs to tell the state: No more delays we’re going to trial. Oh and if Easterbrook is on the panel of judges for the appeal after we get a full ruling from McGlynn their needs to be a motion filed to recuse him since he’s clearly shown he’s biased and incapable of being impartial.