National Rifle Association of v. City of Chicago, No. 08-4241 (7th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 1, 2009.
Download PDF
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 August 25, 2010 Before FRANK H. EASTERBROOK , Chief Judge WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge Nos. 08-4241, 08-4243 & 08-4244 NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., et al., Plaintiffs-Appellants, v. On Remand from the Supreme Court of the United States. C ITY OF C HICAGO, ILLINOIS, and VILLAGE OF OAK PARK , ILLINOIS, Defendants-Appellees. Order After the Supreme Court s decision in McDonald v. Chicago, 130 S. Ct. 3020 (2010), both the City of Chicago and the Village of Oak Park repealed the ordinances that had been the subject of this litigation. Accordingly, we vacate the district court s judgments and remand with instructions to dismiss as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950). Plaintiffs contend that the new ordinances enacted to supersede the ones challenged in these suits have constitutional flaws. Plaintiffs are entitled to pursue those contentions in new suits. The subject matter of this litigation, however, no longer exists. Nos. 08-4241, 08-4243 & 08-4244 Page 2 If plaintiffs believe that the repeals entitle them to attorneys fees under 28 U.S.C. ยง1988, they may file appropriate motions in the district court. We do not express any opinion on the question whether the repealers, enacted before the Supreme Court s decision could be implemented on remand, affect the availability of fees under the approach of Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
