The Firing Line Forums - View Single Post - Illinois Ban on Carry Ruled Unconstitutional (See Page 7)

mack59 · December 12, 2012, 01:04 PM

Thanks for the good information on the appeals process. I think that the anti's will try to stall by appealing the decision. Probably the en banc process would be their best bet for possibly overturning the decision, though the seventh has so far been pretty consistent on the 2nd since the USSC decisions and Posner is considered very influential in the district.

My hope, and it just that, is that the seventh will refuse an en banc hearing and let the state appeal to the USSC. My only basis for believing that is the expeditious way the seventh handled the appeal in the moore and shephard vs madigan cases, the state tried to delay and the court pushed to get it heard sooner rather than later. I am sure quiet phone calls are being made today to determine if the seventh would be receptive to an en banc appeal or whether an appeal straight to the USSC would be better. We'll certainly know in a couple of weeks.

My primary concern is that by the time this gets appealed and if accepted possibly heard by the USSC, that the makeup of the court may have changed. With the current USSC, I could see them accepting this case just because Scalia would love to make some comments on Posner's decision even if he supports the outcome as there is no love lost between those two.

Politically, the anti's will have to work hard to keep the damn from breaking on concealed carry and appealing the decision is the only bullet they've got. So, I do agree they will try to appeal, because I don't see them giving up.

December 12, 2012, 01:04 PM	#237
mack59 Senior Member Join Date: July 14, 2004 Posts: 447	Thanks for the good information on the appeals process. I think that the anti's will try to stall by appealing the decision. Probably the en banc process would be their best bet for possibly overturning the decision, though the seventh has so far been pretty consistent on the 2nd since the USSC decisions and Posner is considered very influential in the district. My hope, and it just that, is that the seventh will refuse an en banc hearing and let the state appeal to the USSC. My only basis for believing that is the expeditious way the seventh handled the appeal in the moore and shephard vs madigan cases, the state tried to delay and the court pushed to get it heard sooner rather than later. I am sure quiet phone calls are being made today to determine if the seventh would be receptive to an en banc appeal or whether an appeal straight to the USSC would be better. We'll certainly know in a couple of weeks. My primary concern is that by the time this gets appealed and if accepted possibly heard by the USSC, that the makeup of the court may have changed. With the current USSC, I could see them accepting this case just because Scalia would love to make some comments on Posner's decision even if he supports the outcome as there is no love lost between those two. Politically, the anti's will have to work hard to keep the damn from breaking on concealed carry and appealing the decision is the only bullet they've got. So, I do agree they will try to appeal, because I don't see them giving up.