On December 11, the 7th circuit struck down Illinois’ law forbidding the carrying of concealed weapons. Moore v Madigan, 12-1269. The decision was 2-1, and was written by Judge Richard Posner. One of the reasons the majority struck down the law was that no other state has such a prohibition. Judge Posner wrote, “There is no suggestion that some unique characteristic of criminal activity in Illinois justifies the state’s taking a different approach from the other 49 states. If the Illinois approach were demonstrably superior, one would expect at least one or two states to have emulated it.”
Currently, the Libertarian Party is challenging Illinois unique law that requires newly-qualifying parties to run a full slate of candidates. The U.S. District Court in this election case has already enjoined the law, reasoning that Illinois doesn’t really need such a restriction, because no other state has ever had a similar restriction. Assuming the case also wins declaratory relief in the U.S. District Court (which is extremely likely), the 7th circuit’s reasoning in the gun case will also help the Libertarian Party to win in the 7th circuit, if the state appeals.