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Not a good assumption on her part. She should know this case is an easier call for SCOTUS to make than Kachalsky, not to mention that she will say in her brief for cert that a circuit split exists, and Gura will no doubt agree and also ask the court to take the case.
One thing which I thought about is that both DC and Chicago after their total bans were overturned did not try to implement a "may-issue" licensing scheme for handgun possession. If the language is strong enough, perhaps that will be enough for the remaining circuit cases to be decided favorably. Not that Chicago and DC will simply roll over but "may-issue" might just be too much for them to defend.
I'm glad she's doing this though. It gives us another crack at the big one(although the folks in IL will no doubt have to wait a little longer).
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