Originally Posted by IVC
For those who haven't had a chance to follow this from the beginning...
The 7th Circuit has ruled IL no-issue unconstitutional in Moore v. Madigan. After they refused an en-banc hearing, the only option left to Madigan is to petition SCOTUS since the appellate process is otherwise complete. This ruling already establishes the "bear" part and is in itself a huge victory for us. It also all but guarantees that SCOTUS will have to take Kachalsky since this ruling is inconsistent with the 2nd Circuit ruling in Kachalsky. In other words, if SCOTUS grants the certiorari we are at the very last step in defining "bear," which has already been clearly implied in Heller. If SCOTUS doesn't grant the cert, we keep the "bear" ruling in the 7th Circuit.
Now, there are other technical details and possibilities, but a simple analysis at this time points to "heads we win, tails they lose." The real question is the scope of the ruling and permissible restrictions, which we won't know until 2014 at the earliest. Let Feinstein waste her time with silly frontal attack that will go nowhere, while we work the flanks with heavy artillery that will set the precedent for a long time to come.
Moore was indeed a huge victory for our civil rights! However I have really been speculating about what Madigan (IL-AG) is going to do with Moore. Is she going to let it stand or file for cert?
Now there is more here than meets the eye....Madigan wants to be the next Governor of IL and I am positive part of her decision regarding Moore will be based upon how it will impact her own opportunity to become Governor. She will surely sell out her personal anti-RKBA beliefs if it benefits HER!
At this point, I am inclined to believe Madigan is obsessing over Kachalsky and if cert is denied
she will NOT file for cert in Moore because that may possibly be the case SCOTUS really wants in lieu of Kachalsky. So why even provide SCOTUS the opportunity to hear Moore and accept the limited loss (Madigan perspective) in the 7th Circuit. Now God help us if this does in fact happen, arguably our two best "bear" cases would then NOT be heard by SCOTUS.