Apr 26 2013 Application (12A1053) to extend the time to file a petition for a writ of certiorari from May 23, 2013 to June 24, 2013, submitted to Justice Kagan.
May 2 2013 Application (12A1053) granted by Justice Kagan extending the time to file until June 24, 2013.
More in a bit.
* Illinois State Rifle Association Executive Director Richard Pearson recently had this to say about Attorney General Lisa Madigan’s request…
I have had several calls and emails asking what I think the result of Lisa Madigan’s request for an extension of the deadline to appeal the Seventh Circuit’s decision to the United States Supreme court will be. In my opinion it does nothing. The clock is ticking toward the June 9th deadline.
* 10:29 am - Response from AG Madigan’s office…
The extension allows for additional time to prepare a draft petition to allow the Attorney General to make a final decision on whether to seek cert, as the legislature continues to work toward the June 9 deadline set by the 7th Circuit Court of Appeals.
The 180-day clock does not stop as a result of this extension.
It also doesn’t delay or impact when the case might be considered by the U.S. Supreme Court, if the Attorney General ultimately decides to seek cert.
So this means that AG has until June 24 to submit her appeal to SCOTUS. It does not change the sunset for the GA. Correct?
- I don't want to live in Teabagistan - Friday, May 3, 13 @ 10:09 am:
It alone does not affect the sunset. Just because you ask for an extension to appeal doesn’t mean the lower court’s decision is stayed until you decide whether to appeal or not.
It makes sense from the AG’s - and S Court’s - perpectives. The GA is supposed to be done with its session by end of May (and this is one where the Gov ought to be able to sign or veto fairly quickly) …so we ought to know whether there is a new carry law in place or not before the AG petition would be due.
It allows the AG to see what is passed (if any) and decide if it meets what she and others want. If it does not, then she can appeal. If it does, she can decline to appeal. It really has nothing to do with “preparation time”. Everything to do with what does or does not pass the GA.
that is what she was looking for. Her previous deadline was like May 23rd. But with the ILGA having until June 9th, she just wants to be able to see if anything passes and if not she appeal.
What I think is a more interesting “What if?” is this…
What IF: The ILGA passes a law like May 30th. finally we find a middle ground (WOW!). It gets sent to the Gov who sits on it for a bit…
Then HE VETOS IT! and asks the AG to Appeal since she has time!
Now what political ramifications does that have!? Does she appeal a potential loser of a case? how does that make her look to the rest of Illinois?
===Then HE VETOS IT! and asks the AG to Appeal since she has time! Now what political ramifications does that have!===
Lots. And it’s a big ear out there, for sure.
My sense is that there would be a very quickly called veto override session.
- I no longer have to live in Madiganistan - Friday, May 3, 13 @ 11:23 am:
Now Lisa will request extension of the 180 day stay. It quite possibly gets denied (which was the reason for the 180 day stay to state with) and the screws are really turned on the General Assembly. ILGA members should see this game for what it is and just let June 9 come. Lisa’s appeal is a bluff because the progressive left around the country doesn’t want another loss at the SCOTUS level. Too many other blue states have too much to lose with another Madigan defeat at SCOTUS.
The ILGA should just do what it does best - stall and accomplish nothing. The Constitution wins, rights win and Citizens inalienable rights win. But hey if Lisa really wants to dance then by all means, play that appeal music. Gun owners win regardless.
@Cheswick,
often during an appeal they will ask to continue the stay. But just asking for more time to appeal you cant request that SCOTUS extends the stay because you haven’t appealed anything.
So yes, she could request it. Doesnt mean its granted. But of course it would only be granted if they took up the case also.
- Charlatan Heston - Friday, May 3, 13 @ 10:02 am:
So this means that AG has until June 24 to submit her appeal to SCOTUS. It does not change the sunset for the GA. Correct?
- I don't want to live in Teabagistan - Friday, May 3, 13 @ 10:09 am:
It alone does not affect the sunset. Just because you ask for an extension to appeal doesn’t mean the lower court’s decision is stayed until you decide whether to appeal or not.
- wordslinger - Friday, May 3, 13 @ 10:14 am:
What’s the point of getting the extension if it doesn’t trump the Appellate Court’s deadline? I’m guessing that it will.
- titan - Friday, May 3, 13 @ 10:18 am:
It makes sense from the AG’s - and S Court’s - perpectives. The GA is supposed to be done with its session by end of May (and this is one where the Gov ought to be able to sign or veto fairly quickly) …so we ought to know whether there is a new carry law in place or not before the AG petition would be due.
- wizard - Friday, May 3, 13 @ 10:26 am:
It allows the AG to see what is passed (if any) and decide if it meets what she and others want. If it does not, then she can appeal. If it does, she can decline to appeal. It really has nothing to do with “preparation time”. Everything to do with what does or does not pass the GA.
- wordslinger - Friday, May 3, 13 @ 10:30 am:
I would be wrong, lol. That happens a lot when guessing about the courts.
- wordslinger - Friday, May 3, 13 @ 10:35 am:
If the GA passes ANY c-c law, does not the matter become moot? The current law would not be around to defend.
I think.
- HenryVK - Friday, May 3, 13 @ 10:50 am:
The point of getting the extension is to save the AG the work if there is going to be an agreement.
When I first heard about the request, I suspected she was going to ask for a significant amount of time simply as delay. But that’s not what happened.
The motion makes perfect sense. See if the State acts. If not, Lisa’s office has time to file.
I can’t imagine the 7th Circuit agreeing to stay its ruling based on a Cert. is granted, that would be another matter.
So the bottom line is that this seems like a reasonable request.
- RonOglesby - Friday, May 3, 13 @ 11:09 am:
@ Word,
that is what she was looking for. Her previous deadline was like May 23rd. But with the ILGA having until June 9th, she just wants to be able to see if anything passes and if not she appeal.
What I think is a more interesting “What if?” is this…
What IF: The ILGA passes a law like May 30th. finally we find a middle ground (WOW!). It gets sent to the Gov who sits on it for a bit…
Then HE VETOS IT! and asks the AG to Appeal since she has time!
Now what political ramifications does that have!? Does she appeal a potential loser of a case? how does that make her look to the rest of Illinois?
- Rich Miller - Friday, May 3, 13 @ 11:20 am:
===Then HE VETOS IT! and asks the AG to Appeal since she has time! Now what political ramifications does that have!===
Lots. And it’s a big ear out there, for sure.
My sense is that there would be a very quickly called veto override session.
- I no longer have to live in Madiganistan - Friday, May 3, 13 @ 11:23 am:
Now Lisa will request extension of the 180 day stay. It quite possibly gets denied (which was the reason for the 180 day stay to state with) and the screws are really turned on the General Assembly. ILGA members should see this game for what it is and just let June 9 come. Lisa’s appeal is a bluff because the progressive left around the country doesn’t want another loss at the SCOTUS level. Too many other blue states have too much to lose with another Madigan defeat at SCOTUS.
The ILGA should just do what it does best - stall and accomplish nothing. The Constitution wins, rights win and Citizens inalienable rights win. But hey if Lisa really wants to dance then by all means, play that appeal music. Gun owners win regardless.
- RonOglesby - Friday, May 3, 13 @ 11:24 am:
—My sense is that there would be a very quickly called veto override session. —
I agree. No one likes to be vetoed much less on something that so many hours and negotiations have been spent on.
- Cheswick - Friday, May 3, 13 @ 11:26 am:
I wonder why she didn’t ask for a stay of the 180 day clock pending the outcome of the appeal to the Supreme Court.
- RonOglesby - Friday, May 3, 13 @ 11:29 am:
@Cheswick
Because she hasnt appealed. she just asked for more time to be able to…
- Cheswick - Friday, May 3, 13 @ 11:35 am:
@ Ron === But with the ILGA having until June 9th, she just wants to be able to see if anything passes and if not she appeal.
What if nothing passes? Will she then, on June 9th, ask for a stay?
- RonOglesby - Friday, May 3, 13 @ 12:14 pm:
@Cheswick,
often during an appeal they will ask to continue the stay. But just asking for more time to appeal you cant request that SCOTUS extends the stay because you haven’t appealed anything.
So yes, she could request it. Doesnt mean its granted. But of course it would only be granted if they took up the case also.