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December 12, 2011, 10:32 PM | #101 |
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OK, it's December now...
Do the courts shut down soon for the Christmas holiday? If Judge Sue Myerscough hasn't delivered a verdict by now does that mean we won't get one until January at the earliest? |
December 15, 2011, 11:15 AM | #102 |
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A transcript of the Injunction proceedings in Moore v. Madigan has been made available. You download it here.
It's a very good argument by David Jensen. Given the time the court is taking in ruling on the PI, my guess is that the court is trying to write an opinion that twists the facts to the favor of Illinois. I hope I'm wrong, but this seems to be the trend. |
December 19, 2011, 03:42 AM | #103 | |
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Well my favorite part so far is when Jensen says, in response to the state's assertion that "There's suggestion that the rate of firearms deaths goes up with public carrying of firearms."
Quote:
I also felt that Jensen was correct in pointing out the flaw in their argument referencing 19th Centruy English law... When the 2nd Amemdment was in part a response to England's attempt to disarm the colonies in the first place. And also pointing out that further analysis of 19th century English law should not be undertaken by the lower courts since the Supreme Court has already done the definitive analysis of it in the Heller decision. |
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February 4, 2012, 10:40 AM | #104 | |
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The decision is out in Moore v. Madigan.
Quote:
The convolutions the Judge uses to deny the defense of self is staggering, but also was expected. As the district courts have shown, not only is the collective rights theory alive and well within the judiciary, but that the Supreme Court is indeed, the Court of First Resort, in all matters 2A. David Jensen immediately appealed not only the denial of the PI, but also the dismissal of the suit. |
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February 4, 2012, 12:32 PM | #105 |
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It's really dissapointing also in that it seems to affect the Illinois Leglislature.
Re-introducing HB148 was sort of stalled awaiting the outcome of this and the Shepard case. If we would have gotten a favorable decision, Illinois HB 148 would probably be called for consideration this month. Since we didn't, I'm thinking we might not see HB148 until after the election. |
February 4, 2012, 03:14 PM | #106 |
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Dear Lord, so do we then have a new "Right to Armed Protection" like her and other Chicago "elite and royalty"?
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February 5, 2012, 01:57 AM | #107 |
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Despite Heller's individual right separate from the militia clause, last time I checked, the militia is still the only stated purpose in the amendment. Are we to believe the amendment was written for only indoor militias? I suppose so.
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February 6, 2012, 10:45 PM | #108 | ||
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McDonald v. Chicago? What the win looks like!
The official docketing of the appeal; Quote:
Quote:
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February 7, 2012, 01:59 AM | #109 |
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Thanks, Rahm!
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February 7, 2012, 12:54 PM | #110 |
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I'm a little bit dissapointed that Daley's signature is not on that check...
The entire thing happened under Daley, Rahm just happened to be in office when the checks were cut. The citizens in Oak Park are still demanding to know how much the MacDonald case cost the villlage. |
February 13, 2012, 09:39 PM | #111 |
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Motion in Shepard case to cite Moore as supplemental authority
http://www.archive.org/download/gov....52207.55.0.pdf
Basically defendants / State of Illinois asking Judge Stiehl to adopt Judge Myerscough's ruling in Moore v Madigan |
February 13, 2012, 11:28 PM | #112 | |
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The supplemental authority cited above, was filed on Mon, Feb 6th. On Wed, Feb 8th, the NRA responded with a rebuttal, which is here. It is short and sweet, so I'm reproducing it, below:
Quote:
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February 14, 2012, 01:08 AM | #113 |
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So why can't they say it plainly and forceably?
Like so: The US Supreme Court does not grant new civil rights as cases appear. They protect civil rights which in turn are protected by the Bill Of Rights, Constitution and other documents and rulings. The Bill Of Rights took effect in 1792. No reasonable government official of 1793 would assume that since the US Supreme Court had not yet made rulings related to the Bill Of Rights in any detail, torturing a confession out of somebody would be constitutional. That is exactly what the Moore court has ruled: since the US Supreme Court has not yet ruled on "bearing arms", no constitutional right to "bear arms" exists, even though any possible reading shows the same group of people must possess both the right to "keep" and "bear" arms and no scholarly authority has ever tried to differenciate the two. --- How simple is that?
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Jim March |
February 29, 2012, 09:47 PM | #114 |
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Article by Bob Barr in the Daily Caller on the Moore decision:
http://dailycaller.com/2012/02/24/fe...ndment-rights/ It didn't stike me until I just read it that Mysercough is a lifetime appointee. |
March 6, 2012, 05:27 PM | #115 |
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Opening brief was filed last Friday, but corrected on Saturday.
At 115 pages, I haven't had a chance to read it yet. |
March 7, 2012, 10:06 PM | #116 |
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Wow, that's quite a read.
I don't know if I'm just biased, but I can't understand how Judge Myerscough could have ruled as she did. SCOTUS has identified and clarified that 2nd Amendment Rights exist - in Heller and MacDonald. The state cannot have an interest in the wholesale prohibition of a constitutional right. Illinois has been given three clear examples that broad outright bans are unconstitutional first in Heller, then MacDonald and then Ezell. Then along comes Sue Mysercough who utilized the most convulted and self-contradictory logic possible to approve a virtually identical ban codified in state law. |
March 8, 2012, 05:42 PM | #117 | |
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OK. The actual brief was only 61 pages. The rest of the brief was an appendix: District Court Opinion and Judgment.
So what was in the 61 relevant pages? Pretty much what we should expect. The first 18 pages entails on how Judge Myerscough erred in her opinion and judgment. The rest is devoted to the historical evidence that carry, in whatever form, is part and parcel of the core right to self defense. Quote:
That means that the 7th circuit panel will review all the facts of the case as if for the first time. And those facts (the historical record) are laid out in much detail. In one brief, David Sigale has laid out almost the entire record that was originally in many of the amici to Heller. If you want to brush up on your history of applicable judicial cites, this brief is an excellent study. David Sigale is excellent when it comes to this sort of thing. I have to mention that it is becoming harder to distinguish the writings of David Sigale and David Jensen from that of Alan Gura. Sigale appears to be the researcher, while Jensen is the firebrand. They are both being tempered by the wordsmithing abilities of their associate, Alan Gura. I may be wrong in my assumptions, here, but after reading all of their pleadings, we are experiencing another Gura first - Team-Building. This is a distinct, "Good Thing." |
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March 8, 2012, 08:27 PM | #118 |
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The 7th Cir has 4 Reagan appointees, 3 Bush /combo appointees, 2 Clinton and 1 Obama appointee.
After the Judge Myerscough debacle I'm beginning to think that the only thing that matters is their political view / what party they belong to. |
March 8, 2012, 09:39 PM | #119 |
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Bingo.
For upcoming elections I want a list of gun friendly people in Illinois that are up for election. Most of the time there are too many judges and most people including myself do not know what they stand for. |
March 8, 2012, 10:22 PM | #120 |
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Does anyone have a good bead on Mary Jane Theis's(running for Illinois Supreme court) judicial record or public statements about the second amendment?
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March 9, 2012, 08:18 AM | #121 |
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Todd Vandermyde would know.
If the info isn't already present on the forum somewhere you could post a thread under Illinois Politics: http://illinoiscarry.com/forum/index.php?showforum=6 |
March 11, 2012, 06:27 PM | #122 | |
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Quote:
I hope the significance of it gets through to the Chicago politicos. Joe |
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March 12, 2012, 11:36 PM | #123 |
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The Chicago Tribune did a rundown of the current cases in Illinois:
http://www.chicagotribune.com/news/l...,3566633.story |
March 15, 2012, 05:04 PM | #124 |
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Great link. That is what I wanted to see.
Now for the upcoming elections on the 20th I believe... I need to make a list of all those that will help out the above cases. |
April 2, 2012, 08:04 PM | #125 | |
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Last Friday, Judge Stiehl dismissed the NRA lawsuit, Sheppard v. Madigan. Today, the NRA backed attorneys filed their Notice of Appeal. The Docket is here: http://www.archive.org/download/gov....07.docket.html
The document is literally signed by one of their attorneys! Quote:
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