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Caulkins v Prizker Case Discussion


jcable2

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https://www.gunssavelife.com/2023/12/01/dan-caulkins-appeal-to-scotus-takes-interesting-turn-state-waives-ordered-response/


 

Caulkins recently filed an Petition for Certiorari on November 9th, asking the US Supreme Court to grant “Cert” (shorthand for Certiorari, meaning that SCOTUS will accept the case for review and a decision).  A response was due December 14th.

 

Today, the State of Illinois, via Attorney General Kwame Raoul, issued its response.


 

What’s this mean in English?

 

One interpretation from Caulkins’ attorney suggests the State of Illinois accepted the truthfulness of the statements Caulkins asserted in his filing.

 

My interpretation (and I am not a lawyer) is that Governor Pritzker is simply choosing to triage resources for upcoming hearings and this one did not make the cut.  Instead of devoting scarce resources to this, the Illinois Attorney General’s Office is betting that this is one of those 97.2% of petitions the US Supreme Court simply decides not to accept.

 

Does the likelihood of acceptance go up when the State of Illinois is not responding to the Petition for Cert?  Maybe.  But even if it goes up 50% (which I’m pretty confident is wildly overstating it), that still means a 96% chance of rejection.

 

On the other hand, if the long-shot petition is granted, SCOTUS will hear the case.  What’s more, this would send shockwaves through the State of Illinois.

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On 12/2/2023 at 3:32 PM, Matt B said:


Mark doesn’t touch on the 2a or equal protection claims also raised by the cert petition. Maybe he feels that the conservative justices not being on board with Caperton is enough to sink the petition. 

I’m also thinking a separation of powers thing could potentially be in play, and that’s a work around for the conservative justices and the campaign donations, but the fact two branches of government bankrolled the third and we’re defendants and the third refused to step aside, that’s a little different and much worse than what happened in Caperton 

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On 12/3/2023 at 11:17 AM, 2smartby1/2 said:

I am feeling, dare I say, optimistic about how things are going.    

 

Well it is the SCOTUS, they can do whatever they want.  The question is, is the Caulkins case enough of an FU to the high court for them to take it up?  I don't think so.

 

The federal cases are the bigger FU to the high court precedents.  Is it enough to grant an injunction?  I'm still leaning no, but.... combined with the Caulkins case it could be.  

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On 12/2/2023 at 10:28 AM, steveTA84 said:

https://www.gunssavelife.com/2023/12/01/dan-caulkins-appeal-to-scotus-takes-interesting-turn-state-waives-ordered-response/


 

Caulkins recently filed an Petition for Certiorari on November 9th, asking the US Supreme Court to grant “Cert” (shorthand for Certiorari, meaning that SCOTUS will accept the case for review and a decision).  A response was due December 14th.

 

Today, the State of Illinois, via Attorney General Kwame Raoul, issued its response.


 

What’s this mean in English?

 

One interpretation from Caulkins’ attorney suggests the State of Illinois accepted the truthfulness of the statements Caulkins asserted in his filing.

 

My interpretation (and I am not a lawyer) is that Governor Pritzker is simply choosing to triage resources for upcoming hearings and this one did not make the cut.  Instead of devoting scarce resources to this, the Illinois Attorney General’s Office is betting that this is one of those 97.2% of petitions the US Supreme Court simply decides not to accept.

 

Does the likelihood of acceptance go up when the State of Illinois is not responding to the Petition for Cert?  Maybe.  But even if it goes up 50% (which I’m pretty confident is wildly overstating it), that still means a 96% chance of rejection.

 

On the other hand, if the long-shot petition is granted, SCOTUS will hear the case.  What’s more, this would send shockwaves through the State of Illinois.

Quote

Bishop on Air video with Caulkins Attorney, I could not quote with an edit so…


I think the reason for the silence is explained by Stocks starting around the 22:00 time in the video posted a couple links back by Matt. 
At about 24:00 he explains that you have to submit, and how you avoid the “shackling”…. Watch the video.

My $.02, they are doing what most attorneys tell you to do….. SHUT UP!

If this was all above board, they wouldn’t have to shut their soup coolers!

Edited by mab22
Adding link to video
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On 12/4/2023 at 10:23 AM, Vodoun da Vinci said:

 

The good stuff happens at 1:40. Apparently the State of Illinois has informed the SCOTUS that it will not be filing briefs. Isn't that contempt of court?

 

VooDoo

This one seems to be more are HART v Illinois.

As for they IL will not be filing briefs, I think there are 2 reasons. IMO.

1. You want "save resources and make it look, like no big deal".

2. You have to submit sworn documentation, and your lawyers realize it could be a bad thing.... My Opinion, is this is why.

In the video an attorney explains it at about 22 or 24 minutes in.

3. Just plain old arrogance and distain for your citizens as described in the video.

 

 

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It certainly is contemptuous of the court, I don't think they are required to file them. I think it would be a great time for the court to adjust some attitude in the state of Illinois. 

 

I'd like to see them suck all the relevant transgressions and burn them all down at once. 

 

Things could get interesting.

Edited by John Q Public
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On 12/4/2023 at 11:23 AM, John Q Public said:

It certainly is contemptuous of the court, nut I don't think they are required to file them. I think it would be a great time for the court to adjust some attitude in the state of Illinois. 

 

I'd like to see them suck all the relevant transgressions and burn them all down at once. 

 

Things could get interesting.

 

I don't think you'll see this from the Roberts court. They want to be low profile and this could very well be a trap - the Illinois dems could be begging them to burn it all down so they can paint SCOTUS as radical insurrectionists.

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It's important to remember that there are two cases in front of the SCOTUS right now.

 

The mandate from the court for the state to respond is in the NAGR appeal of the 7th circuit panel decision.  That response is due Wed 12/6.

 

The filing that the state made is in the Caulkins case, where they were not ordered to file a response.

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