There's so many balls up in the air, we're trying to deal with all scenarios. One thing is certain, IF Lisa Madigan decides to take this to SCOTUS, we have Paul Clement on retainer and he will argue the case. Clement is Bush II's former Solicitor General and a Prof of Constitutional Law at Georgetown.
I don't believe that SCOTUS will take this though. If you read the extension filed by Scodro, Madigan's counsel and IL SG, it is facially defective in that it cites a circuit split between CA2, CA4, and CA7. There is no such split. CA7 ruled that a complete ban on carry is unconstitutional while CAs 2 & 4 ruled may issue is constitutional. That is not a split. He will be forced to raise this in the cert petition if it is filed, no doubt the Justices (obviously not Kagan) will actually research his claims, plus they just reviewed Kachalsky. If an issue raised in a petition is without merit, cert shall be denied...period. She will not get a stay of the mandate either since CA7 has ruled that a stay of a mandate is not warranted if there is no circuit split. If she's gonna move on this, look for some action to start on the 31st or around there since she must petition CA7 for a stay of the mandate, the stay of the mandate is scheduled to be lifted on the 10th of June, and Gura has 10 days to file a response, maybe less but he must be given reasonable time. If she gets denied she can petition Kagan but...eh I dunno Kagan should be leery if a lower court denies it.
Tom Dart, Crook County Sheriff, has proposed his own may issue system if the mandate is issued on June 9th with no carry law on the books. If you can afford private security then you will not be issued a permit. That one gets me. He needs to learn his place, he's a law enforcer not a law maker....this isn't "Judge Dredd."
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