Now its quite possible that I'm reading this entirely wrong, not being a legal expert of any kind...
We've read the MTD that Madigan filed, which is identical in both
Moore and
Sheppard. We've read and analyzed the response that the NRA has given, which is to oppose the dismissal. The laws in question are still active and being actively pursued by the State (the new exception of the CC permits - which will not be available for some time - is not active).
The NRA has made an extremely valid argument against the State. Judge Stiehl really doesn't have much recourse here. Should the judge balk at issuing the injunction, the case can be immediately appealed to the Posner panel. I have no question in how that panel will rule. It will come quickly and in language that will brook no leeway for the district court.
On the other side of the aisle, David Sigale is arguing that the case is not moot, because wrangling over §1988 attorney fees have not concluded. Nothing else.
Knowing how McDonald panned out (Chicago changed it laws, but
after the decision by SCOTUS but before the mandate could be applied, mooted the case but did not moot prevailing party status and therefore §1988 attorney fees were awarded), this argument appears to be specious, at best.
I agree with the reply by Madigan that the plaintiffs in
Moore failed to properly respond to the matter of the dismissal. This gives judge Myerscough the perfect out to dismiss the case. Thus, further fees for the case will basically cease.
Meanwhile, the NRA will continue to rack up fees, because they have a legitimate challenge to the MTD.
I believe this to be a grave error on the part of
Moore. I hope I'm wrong.
Quote:
2013-07-15 53 RESPONSE to Motion re 51 MOTION to Dismiss for Lack of Jurisdiction (moot) filed by Plaintiffs Peggy Fechter, Charles Hooks, Illinois Carry, Jon Maier, Michael Moore, Second Amendment Foundation, Inc.. (Sigale, David) (Entered: 07/15/2013)
2013-07-17 55 Defendants' REPLY in Support of Motion re 51 MOTION to Dismiss for Lack of Jurisdiction (moot) filed by Defendants Hiram Grau, Lisa Madigan. (VM, ilcd) (Entered: 07/17/2013)
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