This afternoon a Macon County court heard oral arguments for Dan Caulkin’s suit challenging the new gun ban in court. Caulkins’ suit challenges aspects of the new law under the Equal Protection Clause of the 14th Amendment. Instead of using a boatload of individual plaintiffs as Tom DeVore has done in his suits, Caulkins is suing on behalf of an informal association of law-abiding gun owners. (Or that’s my understanding of it.)
Fair disclosure, I’m a (donating member) of Caulkins’ suit.
Our sad sack Attorney General Kwame Raoul is scraping the bottom of the barrel, sending a single junior assistant Attorney General lawyer to defend the four defendants named in Caulkins’ suit. It’s almost like Kwame’s not even trying. AG Raoul certainly isn’t coming out himself to deign us with his brilliant intellect and devastating courtroom skills set.
State Rep. @dan_caulkins prepares for Macon County hearing on his challenge to Illinois’ gun ban. pic.twitter.com/aOcNeESIVA
— Bishop On Air (@BishopOnAir) February 3, 2023
It was interesting how the hearing progressed. The junior assistant Attorney General kept retreating and retreating. What a joke. It was like he was there defending school segregation in public schools immediately after the Brown v. Board of Education decision had been handed down by SCOTUS in the 1950s…
State attorney Darren Kinkead acknowledged appellate court upholding Effingham County TRO is binding on Macon County. Argues against broadening restraint for entire state, saying court does not have that authority. pic.twitter.com/6bYfOViO6r
— Bishop On Air (@BishopOnAir) February 3, 2023
As the hearing progressed the junior assistant Attorney General lawyer pleaded with the court that if a temporary restraining order is issued, that it not include Dan Caulkin’s informal association. Yeah, even though Illinois law allows informal associations to have standing in court. He said it would make “compliance with the restraining order difficult.”
Defense also argued if TRO is issued, it be for named plaintiffs, not named association without list of members, which he says would make compliance with restraining order difficult.
— Bishop On Air (@BishopOnAir) February 3, 2023
Easy solution, Mr. Junior Assistant Attorney General Kinkead: We’ll just include EVERY FOID HOLDER in the informal association. That’ll make it easy for you.
Read more at The Center Square.
Also worth noting, Caulkins’ attorney filed a response to Tom DeVore’s “Application to Intervene and Motion for Injunction” in which he just gutted DeVore’s so-called “application.” I don’t have permission to share it but will post as soon as it comes.
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