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This just in… Supreme Court grants AG Madigan extension on concealed carry case

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* 9:59 am - This notice has been posted on the US Supreme Court’s website…

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.

Comments

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?

Comment by Charlatan Heston Friday, May 3, 13 @ 10:02 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.

Comment by I don't want to live in Teabagistan Friday, May 3, 13 @ 10:09 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.

Comment by wordslinger Friday, May 3, 13 @ 10:14 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.

Comment by titan Friday, May 3, 13 @ 10:18 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.

Comment by wizard Friday, May 3, 13 @ 10:26 am
I would be wrong, lol. That happens a lot when guessing about the courts.

Comment by wordslinger Friday, May 3, 13 @ 10:30 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.

Comment by wordslinger Friday, May 3, 13 @ 10:35 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.

Comment by HenryVK Friday, May 3, 13 @ 10:50 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?

Comment by RonOglesby Friday, May 3, 13 @ 11:09 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.

Comment by Rich Miller Friday, May 3, 13 @ 11:20 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.

Comment by I no longer have to live in Madiganistan Friday, May 3, 13 @ 11:23 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.

Comment by RonOglesby Friday, May 3, 13 @ 11:24 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.

Comment by Cheswick Friday, May 3, 13 @ 11:26 am
@Cheswick

Because she hasnt appealed. she just asked for more time to be able to…

Comment by RonOglesby Friday, May 3, 13 @ 11:29 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?

Comment by Cheswick Friday, May 3, 13 @ 11:35 am
@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.

Comment by RonOglesby Friday, May 3, 13 @ 12:14 pm