Originally Posted by randian
I can't see the state bar in any of the suspect states invoking any meaningful discipline. They'd more likely pin a medal on the offending attorney instead. Revoking permission to practice is useless when the AG can have a lackey in his office appear in his stead.
Does that create personal liability? Public officials are notoriously lacking in scruples when they know the taxpayers will be paying the price for it.
Yes, section 1983 actions expose public officials to personal liability unless they can claim qualified immunity. Qualified immunity exists when a right has not been clearly established. The 7th Circuit has clearly stated that Illinois' statute violates the Second Amendment. Federal courts in the 7th Circuit are bound by the decision in Moore
. I do not know if this issue has been previously considered in the context of other civil rights -- I assume it has.
AG could run out of attorneys licensed to practice in Federal court if IL continues to enforce the law.
I don't know what's going to happen, but it sure is interesting to watch.