Barnett v. Raoul (3:23-cv-00209) (S.D. Ill. 2023) - NSSF Gun/Mag Ban

[Vodoun da Vinci]

On 4/22/2026 at 8:56 AM, EdDinIL said:

What happens if (when?) the 7th still doesn't do anything like a petulant child ignoring a parent?  

Absolutely nothing is my guess.....there doesn't seem to be any consequences for people who draft/uphold unconstitutional legislation where firearms are concerned. 

 

VooDoo

Edited April 22, 2026 at 03:38 PM by Vodoun da Vinci

[yurimodin]

On 4/22/2026 at 8:56 AM, EdDinIL said:

What happens if (when?) the 7th still doesn't do anything like a petulant child ignoring a parent?  

Jack diddly.....this is America's 2 tiers on full display.

Edited April 22, 2026 at 04:22 PM by yurimodin

[Euler]

On April 22, 2026 at 07:50 AM CDT, SiliconSorcerer said:→

On 4/21/2026 at 1:49 PM, davel501 said:

When he denied the interlocutory appeal he instructed the 7th to resolve this quickly and the lawyers to return if they don't.

Denied was when?
(Sorry I know it's buried somewhere in the string of messages)

The stay on the preliminary injunction was petitioned in February 2024. The petition was denied in July. (docket)

Edited April 22, 2026 at 09:15 PM by Euler

[SiliconSorcerer]

On 3/30/2026 at 8:26 PM, Dumak_from_arfcom said:

 

IIRC Justice Thomas said he wanted this case expedited.  Our side should poke the bear.  

So you file a lawsuit against the 7th and supena Justice Thomas as a  witness...

😀 

[Howard Roark]

On 4/22/2026 at 4:30 PM, SiliconSorcerer said:

So you file a lawsuit against the 7th and supena Justice Thomas as a  witness...

😀

 

Creative! 👍 

 

Judge Easterbrook is a train wreck of self love.  He'll give himself an A+ on his not very clever but wordy opinion, if he ever publishes it. My guess is he will keep his master-work opinion in his desk until he sees a personal advantage to himself and his anti 2A cohort of publishing it. Its all about winning, his own winning.

[TomKoz]

On 5/6/2026 at 9:37 PM, Howard Roark said:

 

Creative! 👍 

 

Judge Easterbrook is a train wreck of self love.  He'll give himself an A+ on his not very clever but wordy opinion, if he ever publishes it. My guess is he will keep his master-work opinion in his desk until he sees a personal advantage to himself and his anti 2A cohort of publishing it. Its all about winning, his own winning.

what if a judge delays a ruling on purpose

 

14 sites

 

If a judge intentionally delays a ruling, they typically remain protected by absolute judicial immunity from civil lawsuits for damages, even if the delay is deemed malicious or corrupt. Because managing a docket is considered a core "judicial act," it is nearly impossible to sue a judge personally for slow-walking a case. [1, 2, 3, 4, 5]

However, there are specific legal and administrative remedies for intentional delays: [1]

 

1. Mandatory Court Orders (Writ of Mandamus)

If a judge refuses to rule on a motion for an unreasonable length of time, a party can petition a higher court for a Writ of Mandamus. This is an extraordinary order that forces the lower court judge to perform their ministerial duty and issue a decision. [1]

 

2. Disciplinary Action

While you cannot sue a judge for money, you can file a formal complaint with the appropriate judicial council or state bar. [1]

• Judicial Conduct and Disability Act: Federal judges can be investigated for conduct "prejudicial to the effective and expeditious administration" of court business.
• Sanctions: Discipline can include private or public censure, reprimand, or, in extreme cases, a recommendation for impeachment. [1, 2, 3, 4]

 

3. Motion for Removal or Recusal

A litigant may file a motion to have the judge removed from the case. If the delay suggests bias or prejudice, the judge may be forced to recuse themselves, allowing a new judge to be assigned to move the case forward. [1]

 

4. Constitutional Challenges (Criminal Cases)

In criminal proceedings, intentional government-caused delays can trigger a Sixth Amendment "Speedy Trial" violation. [1, 2]

• If a court finds that the delay was a deliberate attempt to hamper the defense, it may result in the dismissal of charges. []

 

5. Injunctive Relief and Attorney's Fees

While absolute immunity protects judges from money damages, the Supreme Court ruled in Pulliam v. Allenthat they can be subject to injunctive relief (a court order to stop a specific action) and may be held liable for the attorney’s fees incurred by the party seeking that relief. [1, 2]

 

---

⚖️ The "Absolute" Standard: To lose immunity entirely, a judge must act in the "clear absence of all jurisdiction" (e.g., a probate judge trying to preside over a criminal murder trial). Simply being slow or biased does not meet this high bar. [1, 3, 4]

To provide more specific guidance on how to address a delay:

• Is this a criminal or civil case?
• Has the judge already held a hearing and is just waiting to sign an order, or has a trial date not even been set?

 

AI responses may include mistakes. For legal advice, consult a professional. Learn more

[SiliconSorcerer]

Unfortunately I'm waiting for the 2 year mark, one would expected expodited would be within a year.  If this is not been completed as directed by two years the SCOTUS needs to act or just close the doors since their orders are worthless and clearly being ignored by a lower court with no reprocussions. 

If I was Thomas I'd take it back and make the 7th regret absolutely every word of the decision. 

 

[Monty80]

My guess is that if and when agrees to hear the case, the 7th Circus will rule that it is unconstitutional so that the case isn't heard by SCOTUS. That way it only effects the 7th circus and not the entire country.  If SCOTUS denies the petition, the 7th will rule that it's constitutional. Just my guess though. I've been wrong before.