In the case of Shepherd/Moore v. Madigan, Madigan has decided to appeal to the entire 7th Circuit Court to review the case. I don’t know enough about how this works with the 180 day deadline the three judge panel imposed on the Illinois legislature to pass carry laws that are constitutional.
Second, the panel majority held that defendants failed to offer â€œextensiveÂ empirical evidenceâ€ sufficient to make a â€œstrong showing that a gun ban was vital toÂ public safety.â€ Slip op. 13-14. This heightened showing, which approaches strictÂ scrutiny, likewise conflicts with Kachalsky, Masciandaro, and this Courtâ€™s en bancÂ decision in Skoien. Thus, if the en banc Court concludes that the SecondÂ Amendment extends beyond the home, this appeal asks the Court to decide whetherÂ less rigorous scrutiny, and traditional rules of legislative deference, apply in thisÂ context.
Let me translate that out of legal talk for you “We just want to be able to say it’s critical for public safety without presenting any real evidence that it is, and have you believe us.” That’s not any kind of heightened scrutiny at all. It’s basically rational basis. I don’t really have time to read the rest right now, but have it.