SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Madigan asks for extension on gun case

Monday, Apr 29, 2013

* Attorney General Lisa Madigan has asked the US Supreme Court to grant an extension in the concealed carry case. Read the filing by clicking here.

Madigan has to file her petition for certiorary by May 23rd, while the spring session is still in session and several days before the June 9th appellate court deadline is imposed on the state. She’s asking for a 30-day delay.

Gov. Pat Quinn is listed on the request as a petitioner. Quinn has publicly urged Madigan to file an appeal.

From the AG’s office…

The June 9 deadline still stands for the legislature to act. This filing doesn’t impact that.

What this filing does is allow us more time to prepare a petition, and to the extent the legislature takes action before June 9, it allows us to take that action into consideration as we draft a petition for review as the Attorney General continues to assess the appropriate next steps.

- Posted by Rich Miller        


31 Comments
  1. - Allen Skillicorn - Monday, Apr 29, 13 @ 3:04 pm:

    Just pass HB997 and be done with it. No need to waste more money in court. Chicago isn’t going to have more or less crime (crime is a different issue). Phelps has earned this one, time to move on…


  2. - Joseph - Monday, Apr 29, 13 @ 3:04 pm:

    all of this is the fault of the voters. We continue to vote and send the same people to Springfield. Its time the voters of Illinois make some changes at the poles


  3. - Anon - Monday, Apr 29, 13 @ 3:05 pm:

    49 out of 50 states… they are wrong and we are right, of course.

    When 49 other states have a policy, and not a single one has seen an attempt at repeal get even close (I’ve never even heard of one), then maybe it’s time we join them…


  4. - Rich Miller - Monday, Apr 29, 13 @ 3:06 pm:

    ===make some changes at the poles===

    Both North and South?


  5. - Rich Miller - Monday, Apr 29, 13 @ 3:07 pm:

    ===Just pass HB997 and be done with it. ===

    It doesn’t have the votes to pass.


  6. - Rich Miller - Monday, Apr 29, 13 @ 3:08 pm:

    ===make some changes at the poles===

    So, Santa is out and the penguins got to go?


  7. - Spliff - Monday, Apr 29, 13 @ 3:09 pm:

    Conceal carry for southern artic water fowl!


  8. - Demoralized - Monday, Apr 29, 13 @ 3:14 pm:

    ==49 out of 50 states… they are wrong and we are right, of course.==

    That’s an extremely poor argument. There are 100 better ones. Use those.


  9. - CircularFiringSquad - Monday, Apr 29, 13 @ 3:15 pm:

    Come on Capt Fax book learnin’ ain’t no constitutional right


  10. - ArchPundit - Monday, Apr 29, 13 @ 3:16 pm:

    The statement skips over the point that if the State of Illinois appeals, the State is likely to ask for a stay of the the decision. Now, if Illinois passes some sort of conceal carry bill it becomes moot. However, if it does not, a stay is likely while the state appeals to the Supreme Court.


  11. - Get 'Er Dunne - Monday, Apr 29, 13 @ 3:18 pm:

    Quick draw there, Rich.

    But doesn’t Madigan have until May 23rd (not the 28th) to file a petition with the U.S. Supreme Court? I think that’s what the first page of the application says.


  12. - Motambe - Monday, Apr 29, 13 @ 3:20 pm:

    How will this play in a primary debate? “He was more opposed to concealed carry than I was!”


  13. - Rich Miller - Monday, Apr 29, 13 @ 3:20 pm:

    ===doesn’t Madigan have until May 23rd===

    Yep. Typo. Fixing now.


  14. - Rich Miller - Monday, Apr 29, 13 @ 3:21 pm:

    ===That’s an extremely poor argument. ===

    It’s one that the appellate court emphasized, so it’s not that poor.


  15. - Anon - Monday, Apr 29, 13 @ 3:21 pm:

    Demoralized-
    How is it a poor argument?

    49 of the 50 states recognized an issue, passed a bill addressing the issue, and have seen the benefits outweigh the consequences so strongly that there has been no attempt to repeal the law.

    It is a fairly good argument because it recognizes that in 49 out of 49 test cases, empirical evidence and a track record of success has been established.

    If it were such a bad idea, surely some states would have failed to adopt such a policy, or would have seen horrific effects warranting an immediate repeal?


  16. - MrMonarch - Monday, Apr 29, 13 @ 3:29 pm:

    Anon-

    It’s a logical fallacy known as argumentum ad antiquitatem (better known as an appeal to tradition, appeal to antiquity, or appeal to common practice).

    1. X is old or traditional
    2. Therefore X is correct or better


  17. - Anon - Monday, Apr 29, 13 @ 3:36 pm:

    Mr. Monarch,

    Of the two assumptions that characterize argumentum ad antiquitatem, one is that the past justification for the “tradition” still exist, when in reality things may have changed.

    The simple fact that I am stressing that if circumstances HAD indeed changed, surely a single state of the 49 would have repealed their policy.

    Using your mindset would ignore best practices from other states on a wide range of issues, and would throw out empirical evidence. I don’t think it’s a stretch to say that every state that has passed conceal carry has been satisfied with it, therefore, we will almost certainly be fine.


  18. - Damfunny - Monday, Apr 29, 13 @ 3:41 pm:

    180 days ain’t enough time???

    Good grief, Charlie Brown!


  19. - Demoralized - Monday, Apr 29, 13 @ 3:43 pm:

    @Anon:

    It’s a poor argument from the perspective of being a reason to do something. It’s the equivalent of saying “everybody else is doing it so we should too.” There are better arguments to be made than that. That’s all I was saying.


  20. - RonOglesby - Monday, Apr 29, 13 @ 3:59 pm:

    If they thought it was a slamdunk they would have filed by now.

    Again, even though they note that there is a “conflict” between the different circuits, what they never like to point out is that none of the other cases were blanket carry bans… anywhere.

    NY, or Cali, are all questions of needing a “reason” to carry outside of the home and the state determining if your reason is good enough.

    Now I believe that is a SCOTUS question to answer, can the state require a reason to bear arms? or is the 2nd A enough reason if you are not a “disqualified” person?

    But that is not the question in this case. Here you could be a man marked for death by every gang in the state, have crazy ex boyfriend that is trying to kill you or a job that requires you drive into crappy neighborhoods daily and no reason is good enough in this state as there is a blanket ban.

    Illinois and the other states with strict gun laws (yes we have strict ones… sorry chicago) dont want this to be the case in front of scotus.


  21. - Slick Willy - Monday, Apr 29, 13 @ 4:04 pm:

    Did not see this coming. (Snark off)


  22. - Ned - Monday, Apr 29, 13 @ 4:24 pm:

    This is what we’ve been waiting for. Bring it!


  23. - MrMonarch - Monday, Apr 29, 13 @ 4:25 pm:

    ” I don’t think it’s a stretch to say that every state that has passed conceal carry has been satisfied with it, therefore, we will almost certainly be fine.” - Anon

    Agreed. However basing an adoption of a certain policy solely on the fact that others have adopted it, is an appeal to common practice, and thus a logical fallacy.

    I agree it will more than likely be fine, but basing an argument on a logical fallacy will undermine said argument before it ever begins.


  24. - SO IL M - Monday, Apr 29, 13 @ 5:17 pm:

    Rich—Both North and South?
    Yes. Dont forget we have Forby. Even tho he supports CC.

    Anon—I believe what they are trying to tell you is using that argument wont stand up to the old “If all your friends jump off a bridge then I guess you would jump off one too?” argumnet. There are ones out there that will.


  25. - Anonymous - Monday, Apr 29, 13 @ 5:18 pm:

    Politically astute move by Lisa.


  26. - frmrdav - Monday, Apr 29, 13 @ 5:26 pm:

    Since when does zip code determine what rights are allowed to the citizens of a state? If it’s good enough for the people of one area, I can see major court cases proving it’s equally good for another.


  27. - Just The Way It Is One - Monday, Apr 29, 13 @ 5:58 pm:

    …and an even more politically astute move by Pat Quinn who had been urging this action for weeks while Lisa lingered on…!


  28. - RonOglesby - Monday, Apr 29, 13 @ 8:21 pm:

    @Just the way it is…

    Uh… Lisa didnt do what the Gov wanted. She asked for more time to maybe do that.

    IF she wanted to appeal she has had 5 months since the ruling a 2 months since the enbanc denial.


  29. - Jim - Monday, Apr 29, 13 @ 10:33 pm:

    A prisoner is given 180 for a speedy trail if in custody!! Is 180 days not enough for for the hundreds of employees to prepare an appeal,by the Illinois attorney general. Is someone asleep at the wheel.


  30. - Mongo - Tuesday, Apr 30, 13 @ 7:05 am:

    Jim, last week we discussed a prohibition on posting after consuming three (3) or more adult beverages. Did you see that discussion?


  31. - Mason born - Tuesday, Apr 30, 13 @ 8:38 am:

    Question. Is there a specific judge assigned to answer these petitions? Or did LM pick Elena Kagan out of the 9 judges to send this too? Just curious and trying to understand this better.


Sorry, comments for this post are now closed.


* Durbin's back to the future?
* Rauner bites back at union leaders
* Finally, some good Illinois news
* Question of the day
* Attorney General's office says plaintiffs can't back out of Duckworth settlement
* Can't win for losing
* Rauner claims he's meeting with Dem legislators today
* *** LIVE COVERAGE *** Rauner press conference
* *** UPDATED x1 - Gov. Rauner slams story *** Report that Mrs. Rauner wants no reelection is disputed
* Another judge rules that IDPH director violated due process rights
* "It’s not even close to being balanced"
* Kirk campaign admits contact with "whistleblowers" after Duckworth settlement
* Durbin attacks Rauner, says he'll decide about run after November
* SUBSCRIBERS ONLY - Supplement to today’s edition
* *** LIVE COVERAGE *** Democratic National Convention
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** UPDATED x1 - Emanuel responds *** Right under the bus he goes
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............
<


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* Xiaomi looks to enter VR hardware space, first headset will go official on August 1
* New rumors and leaks: Galaxy Note 7 pricing and ETA, Gear VR 2 render and dimensions
* Microsoft indirectly discloses latest quarterly Lumia sales numbers – 1.2 million
* Even the T-Mobile-bound Kyocera DuraForce PRO dons dual rear cameras
* Sony Mobile sales continue to contract, but a tiny division profit is recorded
* The latest on what to expect from the Galaxy Note 7
* Hoping to revive slumping mobile division, LG launches the V20 in September

* Offense lacking for White Sox in ace's return
* The 5 toughest 'buy or sell' dilemmas
* Sale rejoins team with tough-luck loss
* Offense lacking for White Sox in Sale's return
* Offense lacking for White Sox in ace's return
* A relentless Rizzo teased Navarro as only an ex-teammate could
* Offense lacking for White Sox in Sale's return

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Voice of The Southern: Thumbs up, thumbs down..
* Morning Spin: Super PAC backing Kirk airs ads c.....
* Illinois AG: Duckworth lawsuit settlement final..
* State seeks private firm to run troubled lotter.....
* Democrats Blasting Governor Rauner - Alton Dail.....


* Evanston graduate headed to Summer Olympics for Team Nigeria
* EXCHANGE: Seniors serve as foster grandparents for kids
* Public gets chance to tour lesser-known State Museum site
* Huge, once-hated fish now seen as weapon against Asian carp
* Donations, volunteers aide painting of 'Donna the Tank'
* Springfield police introduce body cameras
* Jail guard charged with punching Cook County jail inmate
* Duckworth tells her story at Democratic convention
* Disturbance reported at Cook County Jail high-security unit
* Fire erupts at Gurnee propane plant

* Duckworth lawsuit settlement final, attorney general says
* Illinois seeking new private manager for state's lottery
* Attorney General: Duckworth lawsuit settlement final
* Health-care hiring keeps local unemployment at lowest in state
* Local unemployment again lowest in state for June
* Durbin rips Rauner, says governor tries to divide Illinois
* Illinois seeking new private manager for state's lotter
* Chicago-area man convicted of $4.7 million Medicaid fraud
* Blagojevich won't attend resentencing, to take part by video
* Chicago-area man convicted of bilking Medicaid for millions

* Hillary makes history, promises steady hand
* Five ways the Obama library is different from the Lucas museum
* What does it cost to run a food factory in Chicago?
* Caterpillar investors are in denial
* Huron to buy health care IT consultancy


* Prosecutors: Uptown clinic illegally prescribed painkillers
* 17-year-old boy shot in North Lawndale
* Cops: 2 men robbing people at gunpoint on CTA trains
* Man, teen boy shot in Austin
* One wounded in South Chicago shooting
* 2 seriously wounded in Auburn Gresham shooting
* Georgia Nicols horoscopes for July 29, 2016
* Dear Abby: Mom feels guilt that son has no sibling
* Chris Sale wants to stay with teammates, move past ‘fiasco’
* Maddon ‘trying to build a relationship’ and ‘trust’ with Chapman


* 1 dead after shot by police trying to curb stolen car in South Shore
* Do Wicker Park, Bucktown need private security officers?
* Police: 1 San Diego officer dead, another in surgery following shooting
* 1 dead, 7 wounded in Chicago shootings
* Morning Spin: Super PAC backing Kirk airs ads criticizing Duckworth on Syrian refugees
* Leaderless Chicago street gangs vex police efforts to quell violence
* Tale of two conventions: Emanuel goes from influential leader to fading star
* Woman stabbed at Loop CTA station
* White Sox ace Chris Sale sorry for drawing suspension
* Aroldis Chapman's four-out save shows Joe Maddon amping up the urgency


* Duckworth lawsuit settlement final, attorney general says
* Illinois seeking new private manager for state's lottery
* Attorney General: Duckworth lawsuit settlement final
* Health-care hiring keeps local unemployment at lowest in state
* Local unemployment again lowest in state for June
* Durbin rips Rauner, says governor tries to divide Illinois
* Chicago-area man convicted of $4.7 million Medicaid fraud
* Blagojevich won't attend resentencing, to take part by video
* Bernard Schoenburg: Durbin leads a very early 2018 gubernatorial poll
* George Will: The path ahead for Clinton


* Making a difference: Salvation Army official accepts new position
* Rick's Six: Scattered showers, street fest, Brady Street Spring, and politics
* Rick's Six: Scattered showers, street fest, Brady Street Sprint, and politics
* Marion to resurface roads in Maplewood and Odd Fellows cemeteries
* Know your rights meetings mee
* Ruby C. McCann
* Rosie Alexander
* Ruth Bunton
* James Harris
* Stanley Hatchett


* Dawn Patrol: Duckworth addresses Democrats; Gurnee plant fire
* Fact check: Misfires in Hillary Clinton's speech
* Gurnee fire leader: Massive propane plant fire explosion averted
* Third-party candidate for DuPage County Board won't be on November ballot
* UN must improve peacekeeping in South Sudan, say aid groups

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Illinois, Wisconsin briefs - Dubuque Teleg......

* Morning Spin: Super PAC backing Kirk airs ......
* Duckworth tells her story at Democratic co......

* Congressman Bost out-raises Democrat challenger
* Foster: Trump is a Brilliant Strategist
* December 2007 - Agenda Items
* Committee on Historical Landmark Preservation Agenda, December 3, 2007
* November 2007
* Community Development Commission Meeting Agenda, Tuesday, November 13, 2007
* Housing and Real Estate Committee Meeting Agenda, Friday, November 9, 2007
* Zoning Board of Appeals Meeting Agenda, Friday, November 16, 2007
* October 2007
* Map of Special Service Areas


* Governor Rauner and Illinois Lottery Seek New Management Partner
* Governor Takes Bill Action
* Governor Visits Quincy Veterans Home Following New Cases of Legionnaires’ Disease
* Zika Virus And The 2016 Summer Olympics - Travel guidance for those heading to Brazil for the Olympics
* Two Cases of Legionnaires’ Disease Identified in Adams County - New admissions to Quincy Veterans' Home halted




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller