The Seventh Circuit Court of Appeals Friday ordered four
consolidated cases in the Southern District of Illinois challenging
the state’s gun ban to be consolidated with cases from the Northern
District challenging state and local bans.
The impacted cases from the Northern District of Illinois are Bevis
v. Naperville and Herrera v. Raoul, which include Cook County and
Chicago gun bans, and from the Southern District of Illinois,
Barnett v. Raoul, which includes three other challenges from the
Federal Firearms Licensees of Illinois, Illinois State Rifle
Association and attorney Thomas Maag.
Briefs are scheduled throughout June, with oral arguments set for
June 29 in Chicago.
“Motions to extend these dates, or to allow late filings by amici
curiae, will not be entertained,” the appeals court said.
Late last month, the Southern District of Illinois issued a
preliminary injunction against the state’s ban. Six days later, at
the motion of the state as defendants, the appeals court issued a
stay on the injunction.
“This court already has denied a motion for an injunction pending
appeal in [Bevis v. Naperville],” the court said. “As for the
Barnett appeals: based on our review of the parties’ submissions,
the breadth of the litigation, and the differing conclusions reached
by different district judges, we conclude that the stay of the
district court’s order already entered will remain in effect until
these appeals have been resolved and the court’s mandate has
issued.”
Arguments next month will be in front of Seventh Circuit Court of
Appeals Judge Frank Easterbrook, who issued the stay last week of
the Southern District injunction, and Judges Diane Wood and Michael
Brennan.
The Bevis case has a pending motion for an emergency injunction in
front of U.S. Supreme Court Justice Amy Coney Barrett. It’s unclear
when a decision on that motion will be made.
Tuesday, the Illinois Supreme Court hears oral arguments in the
state-level challenge of Illinois’ gun ban brought by state Rep. Dan
Caulkins, R-Decatur.
Greg Bishop reports on Illinois government and other
issues for The Center Square. Bishop has years of award-winning
broadcast experience and hosts the WMAY Morning Newsfeed out of
Springfield.
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