Oral arguments in our challenge (consolidated under the Barnett case) to Governor Pritzker’s beloved “Protect” Illinois Communities Act are scheduled for Monday, September 22 at the US Seventh Circuit Court of Appeals on South Dearborn Street in Chicago. 2pm is the start time and each side gets 45 minutes.
Analysis: Here’s where I believe this will go. Even before Harmeet Dhillon and the US Department of Justice dropped their bunker-buster amicus curiae brief on the Seventh Circuit right before Father’s Day, I had a pretty good feeling about us winning at the 3-judge panel level.
If we did pull that off, it’s a given that Kwame Raoul will ask for an en banc review where the entire panel of active judges on the Seventh (roughly a baker’s dozen) will review the case and decide if they want to review it and issue an en banc ruling or if they want to leave it alone.
Before the DOJ “friend of the court” brief squarely on our side, I thought we were going to lose the en banc.
Again, the amicus curiae brief was a bombshell, basically telling the world that the US Government (via the DOJ) believes Pritzker’s gun and magazine ban are unconstitutional. The brief also urged the Seventh not to, ahem, foul this up.
I think that will be the deciding factor. It’ll be a close vote on the en banc, but I think they’ll let the 3-judge panel decision stand. And that’ll be the end of it.
There’s no way Kwame’s going to ask the US Supreme Court to review the case because if they did, it would likely end the gun and mag bans nationwide. If he quits at the 7th Circuit, the reversal will only apply to Illinois, and the rest of the Seventh Circuit. If SCOTUS rules on it, then that will have national precedent.
As much as I’d love for that to happen, and as much as I know Kwame Raoul is not a smart cookie, I’m pretty sure he’s not that stupid.
“Two things are infinite: the universe and human stupidity; and I’m not sure about the universe.”
With respect to Kwame … I don’t share your optimism.
And there’s no guarantee that the weak minded women on SCROTUS (including Roberts) would take our case or rule in our favor. That they’ve denied cert on all those other cases because they’re waiting for this perfect case to come before them is hopeium at this point.
I hope and pray it goes the way you laid out. I fear it will be the same old thing as usual…. 3 activist anti freedom judges rule against us, of course we get denied an en bank review, and SCOTUS once again is totally fine with millions of people losing their rights because the case is not the 100 % flawless case they want. I’d even bet one of the beauties assigned to the 3 judge panel will be Frank Easterbrook the frustrated old fool that is bitter he never had what it takes to get picked for SCOTUS and likes to shit all over the Constitution.
While I appreciate your optimism, I respectfully disagree. The clowns in the 7th court of appeals are bought and paid for. There are no repercussions for disobeying SCOTUS, however, there are repercussions for disobeying the ham hock that feeds/funds them. If they rule the way they’re SUPPOSED to, then they’ll get cut off from Pritzker and other assorted bankrollers plus they’ll get shunned from their inner societies. I truly believe this was a giant master plan sketched out years ago.
The 7th court of appeals will defy SCOTUS again, Pritzker and DaFool will celebrate and watch you take your (very) slim chances to get SCOTUS to rule on it and if, IF, SCOTUS takes it up and finally rules on this, and IF we win, (the Chief??? ACB???) then that gives Candidate Pritzker (or whoever) the opportunity to wail and cry that the SCOTUS is flawed and needs to be packed.
I’m sad to say it but this is all a win-win for them.
If you can leave, you should find a free state that has the weather and amenities that you enjoy.
It’s not just the 2A stuff either. It’s all the other horse manure. Taxes, increases in crime and all of the burgeoning progressive policies that get worse each year. Lots of our people have already left and we’ve lost their votes. I just don’t see a massive movement where Tom Devore is right and enough conservatives finally rise up to out-vote the lunatics.
Some occasional plane fares back and forth is a far better price to pay than living here several more years in misery, waking up every day knowing that your government is spending every minute of that day trying to find ways to stomp on your rights some more.