08-4244 National Rifle Association of America, Inc. v. CITY OF CHICAGO, ILLINOIS, and VILLAGE OF OAK PARK, ILLINOIS

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.
CITY OF CHICAGO, ILLINOIS, and VILLAGE OF
OAK PARK, ILLINOIS,
Defendants-Appellees.
On Remand from the
Supreme Court of the
United States.
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both the City of Chicago and the Village of Oak Park repealed the ordinances that had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.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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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.
§1988, 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).

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