Sunday, January 23, 2011

Indefensible Is Right

Judge Milton Shadur denied attorneys fees to the plaintiffs in McDonald v. Chicago saying that because Chicago changed their gun laws the case was moot. Since it was moot, then there was no prevailing party which, to be blunt, is utter bullshit. Chicago lost and McDonald won.

Dave Hardy has the whole ruling and his comments on it at Arms and the Law.
This ruling is, I'm sure, simply indefensible. They fought all the way to the U.S. Supremes, won there, Chicago (with no choices left) changed its ordinance ... and the court still rules McDonald was not the "prevailing party." I trust this is going to appealed, although it may be assigned to the same Seventh Circuit panel (which definitely did not like the McDonald result and thus may, like the District Court, let it show).


  1. Nit pick. McDonald WON. Not lost.

  2. @RKV: There are times I need an editor! Of course I know Otis McDonald won. My fingers just didn't get the message!