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Old March 15, 2013, 05:57 PM   #436
62coltnavy
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Join Date: February 1, 2011
Posts: 356
The clock running upon denial of an en banc petition would normally be the case, as the case is then "final" as to the court of appeals. But here we have the unusual circumstance that the Court of Appeal has stayed issuance of its decree for 180 days; and if the state passes a CC law, the decision will be mooted and no injunction will issue. Hence there is no "final determination" in the Court of Appeals on the merits until June when an injunction order issues. At least this is my understanding based on the language of the opinion; the Illinois ban remains in effect until mid June when a decree issues.

See 28 USCA section 1254: "Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to a civil proceeding to any civil or criminal case, before or after rendition of judgment or decree." Again, the Seventh has issued its opinion but stayed rendition of its decree, so that the clock, to my mind, hasn't started to run.

The timing issue is that the current Supreme Court session will end in June, and the court does not reconvene until October, and since the issuance of a stay is mandatory if Madigan wants to preserve the status quo, getting enough justices together to have one issued after mid June would appear to be problematic.
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