Friday, May 3, 2013

Supreme Court Grants Illinois 30-Day Extension

The United States Supreme Court has granted Illinois Attorney General Lisa Madigan's request for a 30-day extension in which to file a writ of certiorari in the joint carry cases of Shepard v. Madigan and Moore v. Madigan.

The application was granted by Justice Kagan.

From the court's order:
Lisa Madigan, et al., Applicants
Michael Moore, et al.
Docketed:May 1, 2013
Lower Ct:United States Court of Appeals for the Seventh Circuit
  Case Nos.:(12-1269, 12-1788)

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 26 2013 Application (12A1053) to extend the time to file a petition for a writ of certiorari from May 23, 2013 to June 24, 2013, submitted to Justice Kagan.
May 2 2013 Application (12A1053) granted by Justice Kagan extending the time to file until June 24, 2013.


  1. long are we going to let the government allow the trampling of people's rights?

  2. Does the extension to file also mean that they have 30 more days to put together a bad carry law?

  3. Does the extension to file also mean that they have 30 more days to put together a bad carry law?

    No, that deadline is unaffected. No law is arguably worse, as that means home rule for every city in IL since there's no state preemption. A patchwork of dozens of different laws (along with certain no-carry in Chicago) makes legal carry precarious at best.

  4. What are the chances a decent state pre-emption law gets put in place alongside a decent carry law?

    Slim to none?

  5. I'd agree it's slim to none. They don't have enough votes yet to override a veto or home rule, and even if they did, such majorities often fall apart after the initial vote. For example, constitutional carry (no permits needed for open or concealed carry) passed the Utah legislature by wide margins, but the governor vetoed it and they didn't even bother to take a vote to override it.

  6. I say keep refusing a horrible carry law for a decent one, on the last day I guarrantee the Chicago Politicians will be signing up for fear of Constitutional Carry.

  7. Justice Kagan is the Circuit Judge for the 7th Circuit, so I don't think we can draw any inferences from her granting the extension. I think any SCOTUS judge would've given them the extra 30 days.

    Still, it's obvious that Illinois is just trying to delay things, hoping to push the case back into the next term and beyond, when the composition of the Court may be more favorable to their cause. It's amazing how, when it comes to the 2A, the government has no shame in employing sketchy tactics to infringe our rights.

  8. So if any citizens are killed by armed assailants after the end of this month who should be held responsible? The Attorney General, the State Congress, or the 7th Circuit? At the very least shouldn't these "holier then thou" legislators be charged as accessories to all these crimes being committed against their citizens? I'm sick and tired of all these anti-gun/anti-liberty scumbags blaming innocent gun owners like me for horrible crimes. If anyone shares the blame it should be the people who created all these "gun-free" zones and push for continued disarmament. People are dying while these politicians play their twisted games. This makes me sick.

  9. Would this case be a better one for the Court to use to define the right to carry than the New York case that was refused since it is a clear "no carry" case as opposed to various shades of "may issue?"

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