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Old 12-12-2012, 9:57 AM
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kcbrown kcbrown is offline
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Originally Posted by FastFinger View Post
en banc?

Banc on this:

Nice. But Rovner is an unknown quantity, methinks. While she concurred in Ezell, it was quite clear she was throwing softballs at Chicago. I expect we should presume her to be against the Moore decision.

Here's the question you should be asking: which of the options presents the greatest chance of successfully delaying the right in Illinois? A cert petition to SCOTUS? Probably not. Letting the clock run out? Definitely not. Compromising under "duress" during the 180 day window? Certainly not. Of all the options, an en banc petition is the most likely, however unlikely it may be, to yield the greatest delay. The question is whether or not an en banc request would foreclose the option of a cert petition. If it wouldn't, then en banc is quite clearly what they'll do because there is no downside to it -- the worst that can happen from our opposition's perspective is that it'll be denied.
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

The real world laughs at optimism. And here's why.

Last edited by kcbrown; 12-12-2012 at 10:03 AM..
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