* Click here for the decision…
* Excerpt…
The Second Amendment to the Constitution recognizes an individual right to “keep and bear Arms.” Of that there can be no doubt, in the wake of the Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. City of Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. 411 (2016) (per curiam); and New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). But as we know from long experience with other fundamental rights, such as the right to free speech, the right peaceably to assemble, the right to vote, and the right to free exercise of religion, even the most important personal freedoms have their limits. Government may punish a deliberately false fire alarm; it may condition free assembly on the issuance of a permit; it may require voters to present a valid identification card; and it may punish child abuse even if it is done in the name of religion. The right enshrined in the Second Amendment is no different.
The present cases, which we have consolidated for disposition, relate to the types of “Arms” that are covered by the Second Amendment. This presents a line-drawing problem. Everyone can agree that a personal handgun, used for self-defense, is one of those Arms that law-abiding citizens must be free to “keep and bear.” Everyone can also agree, we hope, that a nuclear weapon such as the now-retired M388 Davy Crockett system, with its 51-pound W54 warhead, can be reserved for the military, even though it is light enough for one person to carry.3 Many weapons, however, lie between these extremes. The State of Illinois, in the legislation that lies at the heart of these cases, has decided to regulate assault weapons and high-capacity magazines—a decision that is valid only if the regulated weapons lie on the military side of that line and thus are not within the class of Arms protected by the Second Amendment. Several municipalities have done the same. The plaintiffs in these cases challenge that conclusion. Using the tools of history and tradition to which the Supreme Court directed us in Heller and Bruen, we conclude that the state and the affected subdivisions have a strong likelihood of success in the pending litigation. We therefore affirm the decisions of the district courts in appeals No. 23-1353 and 23-1793 refusing to enjoin these laws, and we vacate the injunction issued by the district court in appeals No. 23-1825, 23-1826, 23-1827, and 23-1828. […]
We conclude with a few remarks about several additional issues in some of these cases that do not require immediate attention, and a reminder about the limits on our ruling.
First, we briefly comment on Herrera’s challenge to the constitutionality of the registration requirement that implements the grandfather exemption. He regards it as a burden on his Second Amendment rights, and he worries that it may in the future lead to confiscatory acts on the part of the state. If we are correct in our prediction that the state will prevail in its defense of the Act against the Second Amendment arguments, then the registration requirement will be valid as long as it can withstand rational basis review. At this juncture, we see nothing particularly onerous about it, though as with everything we have said, this is a preliminary assessment. Herrera has until the end of 2023 to file the necessary forms, and if he does so, he may retain all of the covered weapons he already owns; the Act will prohibit only his acquisition of additional assault weapons or high-capacity feeding devices. For its own reasons, the dissent agrees with us that the registration requirement should not be enjoined.
Second, in this court none of the parties has developed any coherent argument that would distinguish restrictions on possession, on the one hand, from restrictions on sale or manufacture, on the other. One of the parties in Bevis is a gun store, but the implications of that have yet to be addressed. We thus have no comment on it.
Finally, we have no need to decide whether an alleged Second Amendment violation gives rise to a presumption of irreparable harm, and if so, whether any such presumption is rebuttable or ironclad. Given our decision that the plaintiffs have not shown that they have a strong likelihood of success on the merits, we think it best to save this point for another day. We also have no comment on the other two parts of the Winter inquiry: where the balance of equities lies, and what the public interest dictates.
We close with an important reminder. Nothing that we have said here indicates that any state or municipality must enact restrictions on the ownership of assault weapons or high-capacity magazines. Unless preemptive federal legislation requires otherwise, this is an issue for the political process in each jurisdiction. The people of some states may find the arguments in favor of a lack of restrictions to be persuasive; the people of other states may prefer tighter restrictions. As long as those restrictions do not infringe on the constitutionally protected right to keep and bear the Arms covered by the Second Amendment, either choice is permissible. In the cases now before us, however, the plaintiffs have not shown a likelihood of success on the merits, based on the fact that military weapons lie outside the class of Arms to which the individual right applies.
In Nos. 23-1353 and 23-1793, we AFFIRM the district courts’ orders denying preliminary injunctive relief. In Nos. 23-1825, 23-1826, 23-1827, and 23-1828, we VACATE the district court’s order granting preliminary injunctive relief. We also confirm that the stay we issued in these appeals will remain in effect until our mandate issues.
…Adding… React…
Today, Protect Illinois Communities President Becky Carroll released the following statement in response to 7th Circuit Court ruling upholding the Protect Illinois Communities Act:
“Today’s 7th Circuit Court decision on the Protect Illinois Communities Act is another critical legal affirmation of both the law as well as common sense – assault weapons are designed for use on the battlefield, not on our streets or in our communities. We are grateful for their decision and to the work of AG Raoul in representing the State of Illinois on this matter.”
* Rep. Morgan…
State Rep. Bob Morgan (D-Deerfield), the chief sponsor of the Protect Illinois Communities Act, celebrated this important decision by the 7th Circuit Court of Appeals to uphold the Illinois assault weapons ban that was signed into law on January 10, 2023. The 7th District Court was responding to six consolidated lawsuits challenging the ban.
“This ruling is a huge win for anyone committed to reducing gun violence. With the 7th Circuit upholding the Protect Illinois Communities Act, this common-sense gun reform law continues in full force despite the efforts of the gun lobby,” said Rep. Morgan. “As mass shootings in the U.S. are on a record pace in 2023, this law has already prevented the sales of thousands of assault weapons and high capacity magazines in Illinois, making our state safer. We must renew our calls for a nationwide ban on assault weapons and high capacity magazines in order to make mass shootings a thing of the past.”
The Protect Illinois Communities (PIC) Act bans the sale of assault weapons, which have been the lethal instruments used in multiple mass shootings, as well as large capacity magazines that hold more than 10 rounds of ammunition for a long gun or more than 15 rounds of ammunition for handguns. Prior to today’s Seventh Circuit ruling, the Act had already survived multiple constitutional challenges. On May 4, 2023, the Seventh Circuit Court blocked a temporary injunction that a lower court judge in East St. Louis issued on April 28. This most recent defense of the PIC Act’s constitutionality comes on the heels of an Illinois Supreme Court decision to uphold the ban.
On May 17, 2023, the U.S. Supreme Court also declined to block the law in Illinois.
Morgan, who is the Chair of the House Firearm Safety & Reform Working Group, is recognized as a legislative champion of gun safety in Illinois and is working with other national leaders to reduce gun deaths. Morgan witnessed firsthand the devastating effects that gun violence can have on a community. Highland Park, IL is a part of his 58th District, and he was present at the July Fourth mass shooting with his wife and children, during which 83 rounds were fired in less than 60 seconds, killing seven and injuring 48 people.
* Gov. Pritzker…
Governor JB Pritzker issued the following statement concerning the 7th Circuit Court of Appeals decision upholding the Protect Illinois Communities Act:
“The 7th Circuit Court of Appeals has affirmed what gun safety advocates have said from day one—the Protect Illinois Communities Act is a commonsense law that will keep Illinoisans safe. Despite constant attacks by the gun lobby that puts ideology over people’s lives, here in Illinois we have stood up and said ‘no more’ to weapons of war on our streets. This is a victory for the members of the General Assembly who stood alongside families, students and survivors who worked so hard to make this day a reality. Now Congress must act so Illinois is not an island surrounded by states with weak protections.”
* LG Stratton…
Today, the 7th Circuit Court of Appeals affirmed that Illinois is on the right side of history when it comes to protecting our communities from the dangers of gun violence by upholding the Protect Illinois Communities Act. Upholding the ban of assault-style weapons, high-capacity magazines, and more, we are continuing on our promise of building safer, stronger communities. I thank Governor Pritzker, the General Assembly and the thousands of advocates who came together to say, “enough is enough.”
There is more work to do, and while we acknowledge the significance of this ruling, may we never forget the countless lives lost and disrupted by senseless gun violence. In Illinois, we will continue to look forward, reinforcing this common-sense law and I hope that Congress will do the same
* AG Raoul…
Attorney General Kwame Raoul today issued the following statement in response to the U.S. Court of Appeals for the 7th Circuit’s decision in the consolidated cases challenging the Protect Illinois Communities Act.
“I am pleased with the 7th Circuit’s decision in these critically-important cases, which means my office has now successfully defended the Protect Illinois Communities Act in appeals before the 7th Circuit and the Illinois Supreme Court. Assault weapons were intended for military use, and the Protect Illinois Communities Act is a tool to prevent them from being used to cause devastation in our schools, places of worship and recreation spaces. This decision is the result of many hours of work by the staff of the Attorney General’s office, and I thank them for their dedication and service to the people of Illinois.”
* Mayor Johnson…
“I welcome today’s decision by the 7th Circuit Court to uphold the Protect Illinois Communities Act. This landmark legislation is an important step for our communities, providing common-sense gun control measures that have been so desperately needed in our city and throughout the state.
This decisive measure will aid in keeping weapons of war out of our neighborhoods and off our streets, creating safer communities for all.”
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Afternoon roundup
Friday, Nov 3, 2023 - Posted by Rich Miller
* Progressive state Sen. Lakesia Collins (D-Chicago) calls for the resignation of Chicago Ald. Ramirez-Rosa as Mayor Brandon Johnson’s Floor Leader…
I am disheartened and profoundly disappointed by the actions that took place on November 2nd at city council, led by Floor Leader Alderman Carlos Ramirez-Rosa, against Councilwoman Emma Mitts.
Alderman Ramirez-Rosa physically obstructed Alderwoman Mitts and other council members from entering the chamber to carry out their duties as elected representatives on behalf of their constituents.
This repeated behavior by Alderman Ramirez-Rosa in city council is unacceptable and requires immediate action. No one should be prevented from fulfilling their elected responsibilities on behalf of their constituents. No one should endure disrespect, threats, or have to live in fear of intimidation or retaliation while simply doing their job.
True leadership involves uniting others with transparency and finding common ground, even in the face of disagreements. Those in positions of leadership should not misuse or abuse their power.
Furthermore, no woman should ever be made to feel uncomfortable due to a colleague’s abuse of power, regardless of their position or title.
Alderman Ramirez-Rosa must be held accountable for his actions. This behavior calls for his resignation as Floor Leader. I hope this matter is resolved immediately.
I’ve asked the alderperson for a response.
…Adding… Chicago Aldermanic Black Caucus…
The bullying by Floor Leader Ramirez-Rosa to Chairwoman Emma Mitts, City Council’s current longest-serving woman, was unprofessional and unbecoming of his role. Alderman Ramirez-Rosa’s actions of physical and verbal harassment have let down our council and the people of Chicago. In our roles, we must uphold the values of respect and collaboration.
It is disheartening that we find ourselves in this situation, and we hope that all City Council members focus their efforts on solving this issue and maintain mutual respect for each other.
Additionally, this matter is an unfortunate and direct reminder of the decades of challenges that African-American women serving in City Council have had to overcome in our combined efforts to enhance the upward mobility of our collective communities.
Chairwoman Mitts is a pillar of strength, courage, and inspiration to many black women who aspire to become responsible and effective government leaders. We strongly condemn this blatant mistreatment and disrespect towards Alderwoman Mitts and demand a full apology from Alderman Ramirez-Rosa.
Our caucus put forth the following recommendations to create a more inclusive and respectful environment for all members.
1. Alderman Carlos Ramirez-Rosa resign as Floor Leader and Chairman of the Committee on Zoning, Landmarks, and Building Standards
2. Alderman Ramirez-Rosa must publicly acknowledge what he did, apologize to Chairwoman Mitts, and commit to better his behavior as a member of this body
3. Alderman Ramirez-Rosa must take steps to remedy his actions with Chairwoman Mitts and other city council members
* It’s good to be the king…
Illinois House Speaker Emanuel “Chris” Welch (7th) held his annual Senior and Veterans Resource Fair at Proviso Math and Science Academy, 8601 W. Roosevelt Rd. in Forest Park, on Oct. 28.
The Fair drew a crowd of several hundred and featured dozens of vendors and free resources like COVID-19 vaccinations and flu shots, but the biggest development to come out of this year’s event was a visit from Secretary of State Alexi Giannoulias, who talked about the expanded driver’s license services his office implemented last month to accommodate senior citizens. […]
Last month, Giannoulias’ office implemented a “Skip-the-Line” program for senior citizens at DMV facilities, increased the number of available appointments at Chicago area DMVs by over 40%, added a call center for seniors aged 70 and over who require a road exam, and opened two “senior-only” driver services locations inside SeatGeek Stadium in Bridgeview and the Evanston Civic Center. Seniors at those locations won’t need appointments.
“The plan is to build the next one somewhere in the 7th District,” Welch said on Saturday.
Leadership has its privileges, I suppose.
* This is what the governor gets for siding with the Illinois Policy Institute on the bill…
Gov. J.B. Pritzker is more scared of the Chicago Teachers Union than voters.
He said he’d extend Illinois’ sole school choice program if a bill reached his desk – but now he’s flip-flopping.
This week he locked low-income students out of his Chicago office.
These kids are from families who rely on the Invest in Kids Act for an exit option from the CTU’s failed public school monopoly.
He’s not even pretending to care about them.
So we’re going to make sure the whole world knows what the Illinois Democratic Party, under his leadership, did to them.
We’re protesting the 2024 National Democratic Convention in Chicago.
We’re inviting all the students, families and community leaders he let down, so everyone watching knows him as the governor who killed school choice in Illinois.
Harumph.
* Staying with the IPI for a moment, this means nothing because the rest of the coalition pushing renewal has offered up a compromise plan. The train is moving on. All they’re doing is attempting to divert attention from the GOP’s split…
* I’ve seen more than a few statements like this. NRCC…
“By refusing to help Israel, Brad Schneider is perpetuating the growing antisemitism rotting the Democratic Party to the core. Israel has a right to defend itself and America has an obligation to stand alongside the Jewish people – but not according to Brad Schneider.” – NRCC Spokesman Mike Marinella
Schneider’s response…
* Isabel’s afternoon roundup…
* Crain’s | Illinois Institute of Technology is opening a life-sciences lab in Fulton Market: Illinois Tech, whose main campus is in Bronzeville, says it plans to house faculty, researchers and students in the Fulton Labs building. Although the small, private university is well known for engineering, computer science, and architecture and design, it also has biomedical and biological engineering expertise. For many years, its Bronzeville campus was one of the few places that startups could find lab space.
* WAND | State reports reveals number of pregnancy related deaths in Illinois: “A woman who is in rural areas, whether she is of color or not, might have to drive 30 minutes or longer to get to a healthcare provider or to get to a facility that can actually deliver her baby,” said Dr. Dona M. Perry, Medical Director for Blue Cross Blue Shield of Illinois. “Access is a big problem and barrier to good healthcare and maternal outcomes.” The report also found that pregnancy-related deaths increased by 40% from 2015-2017 to 2018-2020. Discrimination was present in 40% of deaths among Black women.
* Crain’s | IDPH launches phone line for doctors to address babies born with syphilis: The Illinois Department of Public Health is urging health care providers to conduct more testing for the sexually transmitted infection in advance of birth. To help, IDPH has launched a phone line to provide clinical consultation to providers who treat pregnant patients and newborns. It is dubbed the Perinatal Syphilis Warmline, with a phone number of 800-439-4079.
* Daily Herald | The ‘right model for our community’: How DuPage health officials want to use opioid settlement money: With DuPage County set to receive a windfall from settlements of nationwide lawsuits against opioid manufacturers and distributors, public health officials hope to use some of the money to help staff a crisis recovery center expected to be built next year.
* WTTW | Father of Alleged Highland Park Parade Gunman Heads to Trial on Charges He Recklessly Helped Son Obtain Firearms: Lake County prosecutors have alleged Crimo Jr. took a “reckless and unjustified risk” in December 2019 when he signed his son’s application for a FOID card. At the time, Crimo III was only 19 years old and could not legally obtain a FOID card or purchase a firearm without his father’s assistance. Highland Park police had two previous interactions with Crimo III in 2019. One occurred that April after he allegedly attempted suicide. Months later, in September, Crimo III allegedly threatened family members, saying he was “going to kill everyone,” according to prosecutors.
* Daily Herald | Judge: Accused Highland Park mass shooter’s interrogation video won’t be played at father’s trial: Initially, Crimo Jr.’s attorneys hoped to call their client’s son to the witness stand. But on Monday, the son’s attorneys said he would only assert his Fifth Amendment rights if called to testify.
* Sun-Times | A Chicago police officer was accused of sexual assault. The top cop pushed to keep him on the force.: The Civilian Office of Police Accountability found that the officer engaged in a series of nonconsensual sexual acts against the woman, who reported that he attacked her when she fell asleep at her home in Oak Lawn after they attended a banquet in March 2020.
* Crain’s | As winter looms, migrants’ lack of reliable shelter could become a public health crisis: Meanwhile, community groups are collecting donated winter clothing and supplies for migrants. But until people are moved off the streets and into real housing, their health and well-being are at heightened risk, providers say. “Sleeping under tents outside in the Chicago winter — it’s super dangerous,” says Dr. Alejandro Clavier, a pediatrician and site director at Esperanza Health Centers’ West Lawn location. “Lives will be at risk if people stay outside.”
* WMBD | Illinois Supreme Court ends Auditor Jessica Thomas’ battle with Peoria County: The legal saga by Peoria County Auditor Jessica Thomas came to a conclusion on Nov. 1 when she worked her last day as an elected official. Thomas, who had battled the county for more than a year, ran out of legal options in late September when the Illinois Supreme Court declined to hear her case after a lower court threw it out. … A trio of appellate court justices said Thomas had no “clearly ascertainable right to serve as county auditor because her ‘rights to the office ceased’ once the voters passed the referendum to eliminate the office.”
* Tribune | Vintage Chicago Tribune: 5 things that led to ‘Dewey Defeats Truman,’ the newspaper’s most famous headline: The headline isn’t the only problem with the page — it’s a typographical mess. Lines and type are askew. It’s a mishmash of type styles. And in the second paragraph of the lead story, five lines of type ran upside down.
* Chicago Mag | Is “Sweet Home Chicago” Actually About Chicago?: Robert Johnson probably had not visited Chicago when he recorded what became our city’s unofficial anthem in 1936. “Oh, baby, don’t you want to go,” the Mississippi blues legend croons, “back to the land of California, to my sweet home, Chicago.” Huh? Last time we checked, Chicago was not located in California. Perhaps to avoid geographic confusion, when Chicago-based pianist Roosevelt Sykes covered the song in 1955, he changed the lyric to “that bright light city, sweet old Chicago.” The Blues Brothers, of course, sang it differently: “back to that same old place, sweet home Chicago.”
* NYT | A Climate Change Success Story? Look at Hoboken.: Across the river, the same storm drowned several of New York City’s subway lines and forced Brooklyn residents to wade through thigh-deep water. But in Hoboken, the fire department only towed six cars, and by that evening there were just a few inches of standing water at three of 277 intersections. An arts and music festival, the city’s biggest cultural blowout and moneymaker, remained on course for the weekend. Television crews, returning to Hoboken early Saturday to film the usual aftermath, left empty-handed. The city’s flooding was no longer news.
* Belleville News-Democrat | US declares species once found in Illinois extinct. What does it mean for water quality?: The tubercled-blossom pearly mussel was native to Illinois, as well as seven other states across the nation. It was one of the first to be placed on the Endangered Species Act in 1976, but had not been seen for years prior to its recent delisting. “We haven’t seen it in Illinois or in the United States in quite a few decades,” Illinois Department of Natural Resources aquatic ecologist Brian Metzke told the News-Democrat recently.
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* First, some context from CBS News…
FTX founder Sam Bankman-Fried has been found guilty on all seven counts of fraud, conspiracy and money laundering following more than two weeks of testimony in one of the highest-profile financial crime cases in years.
The 31-year-old former cryptocurrency billionaire was convicted on all seven counts of fraud, conspiracy and money laundering, charges that each carry a maximum sentence of 20 years in prison. He was also convicted of conspiracy to commit commodities fraud and conspiracy to commit securities fraud, which each carry a five-year maximum sentence.
“Sam Bankman-Fried perpetrated one of the biggest frauds in American history, a multibillion-dollar scheme designed to make him the king of crypto,” Damian Williams, U.S. attorney for the Southern District of New York, said in a news briefing following the verdict. “Here’s the thing: the cryptocurrency industry might be new. The players like Sam Bankman-Fried might be new. This kind of fraud, this kind of corruption, is as old as time, and we have no patience for it.”
The MIT graduate steadfastly maintained his innocence since his arrest late last year after the startling implosion of FTX, the crypto exchange he co-founded, amid an $8 billion shortfall in funds and allegations he had used customer money to prop up his struggling hedge fund, Alameda Research.
* US Rep. Jonathan Jackson probably owes his 2022 Democratic primary win to Sam Bankman-Fried. The Sun-Times broke the story in June of 2022…
Protect Our Future, a political action committee bankrolled by cryptocurrency billionaire Samuel Bankman-Fried, spent $914,944 to boost three Illinois Democratic primary candidates, including $500,065 for television ads to support Jonathan Jackson’s 1st Congressional District bid, according to Federal Election Commission records.
Protect Our Future spending is what the FEC calls an “independent expenditure,” with the PAC by law prohibited from coordinating or communicating with a candidate’s campaign.
* In addition to Bankman-Fried’s $500K, another crypto front, Web3 Forward, spent $491,250 on pro-Jackson media buys. The Texas Tribune reported that Web3 Forward “is affiliated with the longer-running GMI PAC, whose leading donors have included another top FTX executive,” and it put money into some other races that SBF’s Protect Our Future was involved with last year.
DAO for America also wound up spending $307,998 on Jackson. That super PAC appeared to be working with at least some other SBF-backed candidates elsewhere.
All told, that’s close to $1.3 million dollars in crypto spending on Jackson’s behalf.
The 17-candidate Democratic primary race last year was packed with under-funded candidates, so the independent expenditures were likely crucial to Jackson’s win. Jackson tallied just 28 percent of the vote.
Karin Norington-Reaves was the only other candidate who received major IE support. Forward Progress PAC spent $758,000 on her behalf. The Collective Super PAC spent another $65K. Reeves finished third with 14 percent of the vote, just behind Ald. Pat Dowell.
* Protect Our Future’s involvement in US Rep. Chuy Garcia’s primary made no electoral sense because Garcia didn’t even have an opponent. But Garcia eventually stepped down from the House Financial Services Committee and the independent expenditure haunted him in the 2023 mayoral race. The committee also did an IE for US Rep. Nikki Budzinski, but she won her race with almost 76 percent of the vote, so it didn’t appear to matter much, unlike that Jackson money, which was likely essential.
…Adding… From US Rep. Garcia’s spokesperson…
The Congressman did not step down from Financial Services. His membership was already “waived on” which meant he wasn’t earning seniority in the first place because he had other preferred committees (Transportation).
Because Republicans won the majority, Dems lost seats on the committee. Consequently, those who were ”waived on” were those who lost their places on the committee.
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