First and foremost, by asking for a 30 day extension in time to file,this means that IL is in fact going to file. You simply don't play those kinds if games with the SCOTUS (or any federal court, for that matter).
If you remember, D.C. had an extension in ther Heller case.
At this point, Alan Gura has two choices. 1) He can ask the Court to deny cert, or 2) Like in Heller, he can re-frame the question and ask the court to grant cert taking his question and not that of IL.
Considering the stakes, I feel Gura will opt for position #2. This may very well be D.C. v. Heller, all over again.
Now... This also means that IL will be asking for a stay of mandate, pending a grant of cert. This will also be granted, whether or not Gura opposes the stay.
Last edited by Al Norris; April 29, 2013 at 02:42 PM.
Reason: Too quick on the trigger!