The Southern District of Illinois had an important status hearing today in Judge McGlynn’s Court.  Once again, Greg Bishop of Bishop On Air has the authoritative summary in an X thread well worth reading for those who wish to geek out.  If you want to skip reading and listen to Bishop’s summary, you can get in on the YouTube video we’ll post below.

For the “too long, didn’t read/watch” crowd:  The state’s squirming.  They want to delay the case until discovery has been completed sometime in NOVEMBER.  Yeah, McGlynn said, “I’m not interested in delaying this case for any length of time so that the government can figure out what they’ve passed in the legislation.

The State is also worried about “surprises” in the discovery phase.  Hey, not our fault you don’t understand guns or the breadth of the legislative ban.

McGlynn told all of us earlier he plans on having a decision by July 4th.  Clearly the State of Illinois either didn’t get the memo or they thought he was jist kiddin’.  Either way, things are moving.

The Center Square has a published story:

(The Center Square) – A federal judge told the state he is not interested in delaying a challenge to Illinois’ gun ban so government lawyers can figure out what the state legislature passed.

Illinois enacted a ban on more than 170 semi-automatic firearms, certain capacities of magazines and attachments in January 2023. Shortly after, a series of lawsuits were filed. Several were consolidated in the Southern District of Illinois. In April, federal Judge Stephen McGlynn issued a preliminary injunction as the case played out. That was later stayed by the Seventh Circuit U.S. Court of Appeals, which eventually ruled the state had a likelihood of winning on the merits.

While gun ban challenges in the Northern District of Illinois federal court are on hold while plaintiffs there aim for the U.S. Supreme Court to intervene, last month McGlynn denied similar motions in the Southern District saying constitutional rights are allegedly violated and he wants to expeditiously address the merits of the case.

During a scheduling conference of the case Friday in the consolidated challenge Barnett v. Raoul in the Southern District of Illinois, McGlynn heard from litigants about how they plan to proceed on the merits.

“This is a very important matter,” McGlynn said Friday. “The claimants believe that their constitutional rights have been imperiled and so it’s the court’s belief that I should try to work through this with as much dispatch as possible, understanding that we want to get it right and whatever discovery needs to be exchanged can be exchanged, but also understanding that in these cases there isn’t a lot of prolonged and protected discovery.”

Just before Friday’s hearing, the state proposed wrapping up discovery on Nov. 30. That was after the plaintiffs suggested wrapping up discovery in July.

“I’m not interested in delaying this case for any length of time so that the government can figure out what they’ve passed in the legislation,” McGlynn said to the notion of discovery finishing up in late November.

Gun rights advocate Todd Vandermyde has been consulting for one of the plaintiffs groups. He said his takeaway is the judge knows the arguments and is ready to get started…

Vandermyde said McGlynn had his finger on the pulse that the state passed a bad bill.

“And the government lawyers are playing catchup to try and understand the technicalities of how broad it is and I think he kind of pinned them on that,” Vandermyde said.

The state argued it needs to know what specifically plaintiffs are challenging and what standing it has. Vandermyde said that’s a stretch.

“It sounds like they want us to provide 200 plaintiffs and go through ‘I want to buy one of these and now I can’t,’ through that entire list of firearms,” Vandermyde said.

I’ve written more than a few times that I encourage those folks interested in gun rights to “Subscribe” to Greg Bishop’s “Bishop On Air” YouTube channel.  You’ll be glad you did.

13 thoughts on “PICA court challenge hearing Friday… Judge McGlynn to state’s request to take 11+ months for discovery: ‘I’m not interested in delaying this case’”
  1. Interesting, Kwamme, da fool, has had a year plus to examine the “bill/law” yet he needs another ten months for “discovery” to learn what is stated in the “law”???! Seems he wants to “discover” what the plaintiffs are planning to fight this farce, this piece of …unconstitutional waste with. Sounds like he is “out of his league” in the brains department, just my humble opinion.

    1. Yet YOU and you “back the blue” types defend the enforcement of gun control. News flash: The governor and attorney general don’t hunt down and arrest people. The police do. Specifically the ISP. AND you support them, make excuses and apologize for them. Apparently, you and those flying the “thin blue line” flags either literally or verbally are planted in the 2A community to give the illusion that gun owners have fondness of those violating our rights. As to normalize Stockholm Syndrome. Consider yourself exposed!

    2. Quit your lying Travis, just because I was raised to respect law enforcement personnel does not mean I support unconstitutional laws, and Jelly Belly the Prik, Bob Morgan, and the democRAT ILL-Annoy legislature in a LAME-DUCK SESSION are the ones who are responsible for this unconstitutional “law” so G T H! i AM NOT TO “BLAME”, asshole! YOU are just “ken’s” monkey, kiss my well endowed rear end with wet sloppy ones, monkey!

    3. GSL1589, I don’t care how someone was raised. Sure it matters and if you have good parents they can give you a good foundation. HOWEVER, I was raised to think a TV like this https://www.pinterest.co.uk/pin/484840716107358816/ was what the upper class people had.
      How does that teaching work out nowadays? Cops are the same. What used to be good in another generation’s time doesn’t count anymore.

    4. F U Travis, YOU are just “ken’s” monkey, kiss my well endowed rear end with wet sloppy ones, monkey! G T H! A$$HOLE

  2. This case was argued to its core during the preliminary injunction hearings. It was unconstitutional then and is now, despite the made- up bullshit from Judges Wood and Easterbrook in 7th Appeals. No discovery is needed, no experts either legal or mechanical are required by the State of Illinois. This is a slam dunk! No history or tradition (Brueun) of such ‘regulation’ or ban exists, and don’t confuse yourself this is a BAN! The ban of firearms in common use for lawful purposes has been unconstitutional since 2008 (Heller). This is all bullshit and Judge McGlynn appears to be giving the state rope to hang itself. I understand why he is going forward with hearings on the merits. This case IS a summary judgement! That means Judge McGlynn reads the briefs and tells the state to piss off! No experts, discovery, or hearings were required in Catano, McDonald, or Heller. As to why the plaintiffs wanted a delay to appeal to the USSC….. ? Hey dumbasses!!!!!! The USSC does not take interlocutory cases, you tried it four different times it did not get you anywhere, wake the F up!!!!!!! All American citizens in Illinois should be eternally grateful Judge McGlynn not only follows the LAW but is also smarter than the plaintiff’s attorneys.
    Why not stop the purse swinging and stay on point ?

    1. SCOTUS had the Illinois gun ban in their hands with complete ability and authority to block the law WHILE it works itself out in lower courts but instead they let the law remain in effect. Procedures this and interlocutory that are excuses. SCOTUS let the gun ban stand! I’m sorry.

    2. If Judge McGlynn rules that this obviously unconstitutional law is in fact unconstitutional the state will appeal to the same court that struck down the injunction.
      Prickster will once again get his money’s worth and they will say the law is fine and dandy.
      What happens then?
      US Supreme Court?

  3. So many outstanding points from all the comments here, Can’t even begin to point out how much I agree with it all. I think I relate closest to the Travis comment above about Procedures this and Interlocutory that. How in the hell does SCOTUS just sit and do nothing while the asshole 7th Circus and the bribed totally biased Illinois SC not only strips us of our rights but also does the exact opposite of Bruen ? I realize we have to play games because of procedure and tradition blah blah blah but why does playing around outweigh the rights of millions of people ? Millions of people have to get fucked out of Constitutional rights while we try to get lower and mostly biased, corrupt courts to hopefully come around and rule the right way ? If they don’t maybe SCOTUS will hear the case ? It would be great if SCOTUS could say… ” Oh look THE PEOPLE are getting fucked and Bruen is getting ignored let’s protect their rights and do something”.

  4. Bill,
    (For What It’s Worth”), it seems that SCOTUS is wanting the “lower courts” to have the base issues “slugged out”, their typical “modus operandi” as well as “harm” to be done to plaintiffs, although, harm has been done: “justice delayed is justice denied” and, … I do not know/understand what “procedures” need to be advanced before the SCOTUS “takes up” a blatant unconstitutional issue as this unscrupulous PICA farce, then SCOTUS’s convening “schedule” is not a constant “work week”/ “month” or otherwise.
    Eventually, I (have to) believe SCOTUS will take up the issue and overturn PICA, my wish would be that penalties or some kind of accountability would be imposed on those who subvert our Constitutions with unconstitutional bills/laws. Just my humble opinion, Pray for America!

  5. As far as I’m concerned, it is absolutely DISGUSTING that SCOTUS lets blatantly unconstitutional “laws” like this and NY’s “Bruen Response” stand for so long. They should immediately be tossed for the garbage that they are! I understand that there is a “process to follow”, but when “lawmakers” throw out tantrum laws like NY did, there should be a mechanism to take it to SCOTUS without any delay!

  6. LIGHTEN UP, YOU NANCIES!!!!

    The Supreme Court still enjoys the same make up as it did when it issued bruen.

    They are going to get this right and they’re going to get it right for a generation.

    They are waiting for the seventh circus and ninth circus to commit themselves to their error of their ways. And then the Supreme Court is going to put the hammer down . they are just biding their time as they did for years before McDonald and Heller and bruen.

    All of your predictions are just jabber.

    Do you remember just a short 10 years ago? And you couldn’t even carry a gun in public? and for generations before us. The notion was that gun laws were constitutional because well reasons?

    Right-thinking courts around the nation are getting it right based on the new bruen standard and they will continue to do so.

    This is a decision that has been a lifetime of this nation in the making. So let them take their time and get it right forever!!!

    I have as much confidence in the supreme court today as I had absolute disgust and disdain for it before trump.

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