Originally Posted by
gojirasan
I thought this was the appeal.
I read it wrong and you are indeed correct; this is bigger than I thought. I'll have to read the whole opinion . . .
Originally Posted by
gojirasan
Can they appeal again?
Of course, to the Supreme Court.
Originally Posted by
gojirasan
Maybe they will appeal to the supreme court who will no doubt rule that the police are always right and civilians are always wrong.
The impending 7th Circuit ruling is the more likely candidate for certiorari if it splits the Circuits. Judge Posner was very concerned with the welfare police at oral argument and didn't seem to realize that the 40++ states that don't have these strange laws haven't become crime-ridden cesspools with impotent law enforcement as a result of audio recordings made by the public. But I think that this case will first be re-heard
en banc whichever way the panel rules, and I predict the initial ruling will be handed down by a split panel as the other two Judges (Hamilton and Sykes from memory, but I could be misremembering it wrong from September) expressed grave concern with the Cook County State Attonrey's position (which is that of the police in this case).
I would not assume the Supreme Court will wrie off the First Amendment for the convenience of police.
Originally Posted by
gojirasan
Nevertheless, for now, this ruling stands and we have at least some defense against the police state.
It should be good law for a while in that Circuit.