The Seventh Circuit court ignored the Supreme Court’s ruling in Bruen and decided that Illinois did nothing wrong when they held their Bruen tantrum to bass PICA.

The case got dumped back in Judge McGlynn’s lap. The plaintiffs filed motions for things to help The People.

Judge McGlynn denied them, but in writing that denial he took issue with the Seventh Circuit court. This is the same as publicly stating, “The boss told me to fill your home with concrete. I have to do it. They are wrong for all these reasons …”.

But in the meantime, the state has continued their quest to deny Second Amendment protected rights to The People of Illinois.

On December 22, 2023, the state told the court: Our attorney is super-duper busy. She’s scheduled herself out of the office from December 26 through January 9. And she’s so busy, she has other cases with deadlines, there are three holidays, she just can’t do it.

Yesterday, Judge McGlynn said, “NO. You WILL have the scheduled reply by the 19th of January.”

From following these cases, I believe that the normal scheduling is about a month, with replies due 3 weeks after and responses do a week after the reply. It feels like Judge McGlynn is going to keep the state on a short leash.

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By awa

4 thoughts on “Judge McGlynn is just Done”
  1. I don’t get it. Judge McGlynn is criticizing the Seventh Circuit, but agrees with their decision? Then denies motions by the plaintiffs (finding for the State), but is holding the State’s nose to the proverbial grindstone as far as filing deadlines?
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    It sounds like Judge McGlynn intends to find the challenged law constitutional, but wants to look like he’s being hard on the State.
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    Would that be accurate? Or did I miss something?

    1. Judge McGlynn is following the rules. He has given The People multiple wins. He sits in an inferior court. His court is inferior to the Seventh Circuit.
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      Consider what happened after Bruen, the New York’s “good cause” requirement was removed from their law immediately. That New York then put into place even more egregious infringements is not relevant. They followed the orders of the Supreme Court.
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      All the rest of the courts are supposed to follow the dicta laid out in Bruen, they haven’t, but their work has not been to the Supreme Court for a grade.
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      In Judge McGlynn’s situation, his bosses told him to deny the preliminary injunction. He did so, while telling his bosses they were mistaken and morally bankrupt. The state, thinking that Judge McGlynn was cowed, played the delay game. He said, “No, you will be timely in your submissions.”

      1. Thank you for the clarification.
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        So Judge McGlynn is a Good Guy who knows the law is unconstitutional, but can’t rule it so because his hands are tied by his Not-Good Guy bosses in the superior courts.
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        And the State, thinking that they had him beat, decided to play games and slow-walk their case, but he reminded them — in no uncertain terms — that he was still the judge presiding over the State’s case, and if he was required to follow the rules, then the State was damn-well required to follow them, too.
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        Good on him, holding the State accountable where he can.
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        As nice as it might seem to occasionally have a judge “go rogue” against his/her Circuit and rule in favor of The People and the Constitution, it’s almost always a short-lived win; “rogue” judges get stayed or overruled on appeal. (And as an aside, the State somehow has zero problems meeting their filing deadlines when appealing a ruling against them — go figure.)
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        By following the rules but noting his objections, Judge McGlynn’s opinion is now part of the case record — a “minority report”, if you will — that WILL be considered by SCOTUS if the case lands there.
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        Again, thanks for the clarification, and for covering and summarizing the ongoing 2A cases. It’s a HUGE help to those of us who don’t have the time, ability, or understanding necessary to wade through all of it. (Although I have learned quite a bit so far!)

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