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“Why haven't you waived or forfeited that legislative fact
argument by not raising it until your reply brief?” St. Eve
asked the attorney defending the state law during oral
arguments.
“You said 14 to 18 million legally own them for legal purposes,
self-defense. But there are also these statistics on the other
side. Does that factor in with the nuanced approach or the
societal concerns?” St. Eve later asked plaintiffs arguing
against the law.
St. Eves is new to the panel after Diane Wood, who ruled against
the plaintiffs in 2023, retired. The other judges on the panel
split in 2023, Judge Michael Brennan with the plaintiffs and
Judge Frank Easterbrook with the state.
Gun rights advocate Todd Vandermyde said it’s hard to tell which
way the case goes with St. Eve on the panel.
“We went in there expecting to lose. We walked out of there with
hope that, you know, that St. Eve was being reasonable and
honest in her questions,” Vandermyde told The Center Square.
The district judge found the law unconstitutional last year
after a four-day bench trial and thousands of pages of evidence
and testimony.
The state appealed to the Seventh Circuit. The U.S. Department
of Justice filed in support of the plaintiffs and against the
state. But with a new three-judge appeals panel, Vandermyde said
anything is possible.
“I was with some other guys that have been involved in the case,
and we all kind of came to the conclusion that it's 50/50 on a
crapshoot and it all centers around what does St. Eve do,”
Vandermyde said.
Dan Eldridge with Federal Firearms Licensees of Illinois said
having the U.S. Department of Justice on their side is good for
them.
“If we lose, that means the solicitor general, John Sauer, would
petition for cert with the Supreme Court,” Eldridge told The
Center Square. “The solicitor general generally gets deference
from the Supreme Court on cert petitions, and that would really,
really increase the likelihood that we get shoved to the front
of the line with the Supreme Court.”
It’s unclear when the appeals court will make their ruling. |
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