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Caulkins v Prizker Case Discussion


jcable2

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The ruling is posted.

 

First, we hold that the exemptions neither deny equal protection nor constitute
special legislation because plaintiffs have not sufficiently alleged that they are
similarly situated to and treated differently from the exempt classes. Second,
plaintiffs expressly waived in the circuit court any independent claim that the
restrictions impermissibly infringe the second amendment. Third, plaintiffs’ failure
to cross-appeal is a jurisdictional bar to renewing their three-readings claim.
Accordingly, we reverse the circuit court and enter judgment for defendants on the
equal protection and special legislation claims. We express no opinion on the
potential viability of plaintiffs’ waived claim concerning the second amendment.

 

 

Caulkins v. Pritzker, 2023 IL 129453.pdf

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On 8/11/2023 at 9:15 AM, mab22 said:

Because Caulkins AGREED to punt on the 2A issue! 

Question, if Caulkins would have brought 2A front & center, would the case have been immediately sent to federal court? Like Thomas Maag's case...

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This is the fault of Illinois voters. Super majority in the house and Senate. Fat Al Capone/King Prickster calling the shots. Chiraq is their seat of power. **** hole city ran by elected criminals.

The criminals on the street run amok with illegal guns. The Illinois voters put and keep the criminal politicians in office.

To think anything will change, given the decades of gerrymandering that has occurred is unthinkable.

SCOTUS will eventually strike down the Illinois Supreme Kangeroo court's decision.

It will be a glorious day.

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From the decision, my emphasis.

Quote

Second, we hold that plaintiffs waived any second amendment challenge to the restrictions, as the complaint did not state a claim and plaintiffs explicitly and repeatedly disclaimed any such argument in the circuit court. Third, we hold plaintiffs’ failure to cross-appeal from the denial of relief under count II bars them from renewing their three-readings claim here. For these reasons, the judgment of the circuit court of Macon County is reversed.

 

On 8/11/2023 at 9:20 AM, ealcala31 said:

Question, if Caulkins would have brought 2A front & center, would the case have been immediately sent to federal court? Like Thomas Maag's case...

 

On 8/11/2023 at 9:20 AM, bmyers said:

Why would the key issue be waived by the plaintiff? I thought that was the whole reason this was going through court? 

 

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On 8/11/2023 at 9:24 AM, XJBluto said:

This is the fault of Illinois voters. Super majority in the house and Senate. Fat Al Capone/King Prickster calling the shots. Chiraq is their seat of power. **** hole city ran by elected criminals.

The criminals on the street run amok with illegal guns. The Illinois voters put and keep the criminal politicians in office.

To think anything will change, given the decades of gerrymandering that has occurred is unthinkable.

SCOTUS will eventually strike down the Illinois Supreme Kangeroo court's decision.

It will be a glorious day.

BINGO !!!! The drooling zombie population can't get bent over often enough. Insane taxes, high crime, loss of liberty, etc. It just doesn't matter how hard they flog the average idiot Illinois voter because they just can't get enough pain. You're correct this will be overturned but first we have to lose out and suffer for who knows how long.

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On 8/11/2023 at 9:27 AM, mab22 said:

From the decision, my emphasis.

 

 

 

Read that, but because I saw Maag's case go straight to federal court the minute he raised a 2nd Amendment Claim in state court, I thought IL SCOTUS was baiting Caulkins to bring up the 2nd Amendment so they could kick it straight to federal court. I was thinking it was more of a chess match on why he didn't bring up the 2nd Amendment. Plus, on a side not, I think Caulkins was also angry about how the process goes on in Springfield and wanted to end this process through the back door. I honestly have no clue, just speculating...

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On 8/11/2023 at 9:36 AM, G214me said:

BINGO !!!! The drooling zombie population can't get bent over often enough. Insane taxes, high crime, loss of liberty, etc. It just doesn't matter how hard they flog the average idiot Illinois voter because they just can't get enough pain. You're correct this will be overturned but first we have to lose out and suffer for who knows how long.

100%. I'm just worried SCOTUS might punt on our case and many others for quite some time. They are getting alot of political heat. All the while our rights are infringed the whole time...

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On 8/11/2023 at 9:38 AM, ealcala31 said:

Read that, but because I saw Maag's case go straight to federal court the minute he raised a 2nd Amendment Claim in state court, I thought IL SCOTUS was baiting Caulkins to bring up the 2nd Amendment so they could kick it straight to federal court. I was thinking it was more of a chess match on why he didn't bring up the 2nd Amendment. Plus, on a side not, I think Caulkins was also angry about how the process goes on in Springfield and wanted to end this process through the back door. I honestly have no clue, just speculating...

The state’s attorney was baiting, as it has been brought up by Devore, they encouraged him to go straight to IL SC, if e waived several things. I don’t think Caulkins was playing chess, maybe which cup has the ball but not chess. IL was playing chess for sure!
 

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On 8/11/2023 at 9:46 AM, mab22 said:

The state’s attorney was baiting, as it has been brought up by Devore, they encouraged him to go straight to IL SC, if e waived several things. I don’t think Caulkins was playing chess, maybe which cup has the ball but not chess. IL was playing chess for sure!
 

If that's the case, why did we go head 1st with a sub-par lawyer/sub-par strategy. Disappointing to say the least...

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This case was always a long shot because it was about legislative procedures and equal treatment under the Illinois constitution.  This was not a 2nd amendment case.  It was a relatively low cost way to challenge the statute in state court while showing that they were trying to do something and perhaps get some interim relief.  Once a final judgment was entered finding the law unconstitutional, the state had the right to go directly to the Illinois Supreme Court.  The long game was always the federal court and the 2nd amend cases.  

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