The US Seventh Circuit Court of Appeals ruled late yesterday that Governor JB Pritzker’s gun and magazine ban will remain in effect through the appeals process. Translation: We’re stuck with it through at least next summer. There’s some good news in the order though, no doubt about it.
In a nutshell, Trump-appointee Amy St. Eve has replaced the gun control jihadist Diane Wood following Wood’s retirement.
That’s hugely good news.
In a quick review, last month Judge Stephen McGlynn ruled the so-called “Protect Illinois Communities Act” gun and magazine ban largely unconstitutional. (He allowed the ban on .50 calibers to remain… which may result in additional litigation down the road.)
At the same time McGlynn issued a 30-day stay which allowed the Land of Lincoln’s Attorney General Kwame Raoul a chance to appeal, which Raoul promptly did.
We had hoped the Seventh would refuse to grant an extension on the stay, but people a whole lot closer to great legal minds have told me that simply wasn’t going to happen. The stay will remain in place, they said. You don’t have to like it, but that’s just the way they do things. (After all, this isn’t a decision the Left loves…)
Amy St. Eve’s assignment to the 3-judge panel isn’t the only good news though.
Gun hating jihadists in government have played the “delay” defense for years. They hoped to have the cases outlive the current conservative justices on the US Supreme Court. Their long-term plan involved replacing the Clarence Thomas / Sam Alitos with Satomayors and Brown-Jacksons.
Speaking of Thomas and Alito, word has it that they are hiring clerks. From David Lat’s Original Jurisdiction Substack:
- Although it’s not infallible, clerk hiring can offer clues to a justice’s retirement plans—and hiring a full complement of four clerks generally means that the justice plans to stick around for the Term in question. So I’m guessing that Chief Justice Roberts and Justices Thomas, Kagan, and Kavanaugh aren’t going anywhere, at least through the end of OT 2025 (which will conclude in June or July of 2026).
However, this last election put Republicans in charge of the US Senate and Donald Trump in the White House. For at least the next two years, and quite possibly four years, Donald Trump will make Supreme Court nominations, not Kamala Harris. And the Senate will approve the nominations.
Moreover, there’s certainly a non-zero chance that JD Vance will win the 2028 Presidential Sweepstakes and he’ll continue the trend of appointing those who will respect and defend the Constitution and not “reshape” it.
In other words, that “delay” defense the gun haters have played for the last four years may well bite them on the ass as the federal courts are likely to become more solidly supportive of gun rights, and not filled with more partisan gun control activists.
useless robe-*******, proceed @ your own risk
see how that compliance works for you, dkskrs
OH, my goodness! We’re already talking about a Vance presidency? Why don’t we wait to see the mettle of the man? There’s a big difference between a Rep, and a Senator, and a V.P. and a President. One may be a good Rep and a LOUSY president. Or a lousy Senator, a lousier V.P. and an abhorrent President (see, e.g., Joe “Where muh money?” Bitemen).
Let’s see if he’s a decent Veep first, eh?
Oh, and eff the 7th Circus.
There may be confusion here over the 1st, 2nd and 3rd paragraphs of the court’s order. Let me explain: The court is being nitpicky dimwits. There is no DOUBT that the order, judgment and injunction entered by Judge McGlynn are either “interlocutory” (Interlocutory means, literally, “pending the litigation” or “DURING” the litigation) OR “final” and appealable. So the 7th circus is being puerile and pedantic – and correct, cause appellate jurisdiction clearly lies. But it’s such a basic thing it simply shows how PETTY and juvenile they are being and are going to be throughout this thing. It isn’t clear that the matter is final? Sez the 3-monkey panel? Hmm, what’s the “JUDGMENT” against each Defendant in each case mean, then, judgey-poo’s? “Final” judgments are appealable of right. 28 U.S.C. 1291 : https://www.law.cornell.edu/uscode/text/28/1291
When a judge enters a “JUDGMENT” it typically concludes the matter.
28 U.S.C. 1292(a)(1) clearly shows appellate jurisdiction is proper from the (interlocutory) grant of an injunction: See, https://www.law.cornell.edu/uscode/text/28/1292 .
Their bald-faced statements in par. 1 that Judge McGlynn didn’t satisfy Rule 65(d)(1)(A) – (C) are also puerile – but WRONG. Simply read his Findings of Fact and Conclusions of Law, linked herein: https://www.gunssavelife.com/2024/11/08/red-alert-we-won-federal-court-strikes-down-illinois-gun-judge-stays-decision-for-30-days/
He did fulfil those rules. It may not have been a model of excellence or perfection in clarity, but he did. He made the requisite findings, specifically addressed the reasons for the injunction (the laws are unconstitutional) and grants the appropriate relief (“You, gubmint, are enjoined from x, y and z.”). There’s no doubt that this is appealable. The problem is that Judge McGlynn did it all in his “findings of fact and conclusions of law.” He should have set it forth in a separate document.
I’m handling some very important legal matters, 2nd Amendment claims against another state. I recently had a decision against me, and was preparing to appeal. In that jurisdiction, the court’s “opinion” is not appealable. There needed to be a separate “judgment” or “Order.” That judge was SO DUMB he didn’t know he had to sign an order or judgment. I had to contact the court and go, “uhhhhh, is judgey-poo gonna sign an order or not?” Then it was signed and issued. So I could get on with my appeal.
The lawyers here did an AMAZING job, and probably just overlooked it, or skipped making it an issue because the important fact-finding was made and the basics of an injunction also fulfilled. They know the 7th circus is going to rule against us and it’s onward and upward to the supreme court.
I hate living here. I hate looking at the election results map of the US and seeing that, of all the RED states encompassing the land, we’re an ISLAND of blue. Minnesota, Wisconsin, even Michigan voted REPUBLICAN this time around. That’s so unreal. And this state just HATES our civil liberties.
Finally, don’t think it’ll be over the next time the matter hits the supreme court! Whenever Illinois can, it’s going to act to deny or deprive us of our gun rights or our actual guns.
try getting that compliance, badge-*******. but let the dindus run free.
So where are we on repealing the FOID card, Red flag, ghost gun ban and gun dealer licensing law?
In case anyone’s wondering: yes, John is back to censoring.
Go figure. Jboch is from the party of “free speech.” Just like the party that loves the constitution………….except birthright citizenship. They flat IGNORE the text they the pretend to love. Republicans love the Constitution as much as the democrats do……….only what they like. IGNORE THE REST!