Just recently, the United States Supreme Court denied an emergency application for an injunction pending appeal in the Illinois gun ban case. The application was made to Justice Amy Coney Barrett who oversees the Seventh Circuit Court of Appeals.
As previously reported here at News2A, The National Association for Gun Rights v. Naperville, IL case is a consolidation of six cases in both the Southern and Northern District Courts challenging both “assault weapons” and high-capacity magazine bans.
As Mark Smith of the popular Four Boxes Diner YouTube channel explains, this decision was both anticipated and not altogether bad news.
“As you know, the Supreme Court, as a general matter, does not like to get involved with what are known as interlocutory appeals, which means appeals that occur in the middle of a case. They really only like to see appeals at the end of a case where a final judgment has been entered so that all the arguments, all the information, all the law and everything has been fully developed and then they can look at a complete record.”
He emphasized that the denial is not necessarily bad news. As we previously reported, Justice Barrett has taken more than a perfunctory interest in the case by demanding that the defendants (the State) submit briefs explaining why they should prevail and, as we also recently reported, in response, the Seventh Circuit court of appeals published a highly aggressive schedule for briefing and oral arguments.
This accelerated schedule, argues Mark Smith, is a direct response by the Seventh Circuit court so as not to be admonished further by the Supreme Court and was in essence, an “act of attrition”.
We will continue to cover this case.
