Capitol - Your Illinois News Radar » Another day, another lawsuit
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
To subscribe to Capitol Fax, click here.
Another day, another lawsuit

Monday, Jan 23, 2023 - Posted by Rich Miller

* Serious COVID flashback vibes

On Monday, former Republican nominee for Attorney General Tom DeVore and former Illinois State Senator and Republican nominee for governor Darren Bailey filed a lawsuit in White County, challenging Democratic Gov. JB Pritzker’s assault weapons ban, after an Effingham County Judge issued a temporary restraining order late Friday night while the lawsuit proceeds.

The lawsuit raises the same claims as the one filed last week in Effingham County and names Gov. JB Pritzker, State Senate President Don Harmon, D, Illinois House Speaker Christopher Welch, D, and Attorney General Kwame Raoul, D, as defendants.

The lawsuit names over 1,600 plaintiffs, including Bailey; 68 federal firearms dealers and 92 counties, and is based on alleged violations of the Illinois Constitution. One alleged violation is of the Equal Protection Clause, because the Assault Weapons Ban provides exemptions for certain groups – for instance, active and retired law enforcement are exempted from the ban, as well as active military and private security guards.

Retired military, however, much like the general population, are not exempted from the ban. DeVore argues that these exemptions create unconstitutional classes of citizens where legislators have decided who is subject to the ban and who is not.

A hearing is scheduled for this Wednesday at 9:00 am at the White County Courthouse.

The complaint is here.

* Meanwhile, from the appeal filed today by the attorney general’s office of that aforementioned Effingham ruling

The circuit court’s determination that plaintiffs had a clear right in need of protection and were likely to succeed on the merits was based on an incorrect view of the law. Accordingly, the court necessarily abused its discretion.

First, the court incorrectly held that the Act likely violates the single-subject rule. That rule prevents “the combination of unrelated subjects in one bill to obtain support for the package as a whole, when the separate parts could not succeed on their individual merits.” Kane Cnty. v. Carlson, 116 Ill. 2d 186, 214 (1987). It “does not impose an onerous restriction on the legislature’s actions” but “leaves the legislature with wide latitude in determining the content of bills.” Johnson v. Edgar, 176 Ill. 2d 499, 515 (1997). Indeed, the legislature must “go very far to cross the line to a violation of the single subject rule.” Id. at 515-16. […]

Rather than examine the provisions of the Act, it looked primarily to the Act’s title and concluded that because the title did not explicitly mention firearms, the Act violated the single-subject rule. SR2010. As support, the court relied on People v. Boclair, 202 Ill. 2d 89 (2002). But in Boclair, the Illinois Supreme Court rejected the circuit court’s approach: the Court explained that “an act’s title is not necessarily dispositive of its content or its relationship to a single subject,” and on this basis “reject[ed]” the “heavy reliance on [the act’s] title to support [the single- subject] claim.” Id. at 109. The circuit court also incorrectly suggested that the Act violates the single-subject rule because it references human and illegal drug trafficking alongside illegal firearms trafficking. SR2010. On the contrary, the trafficking provision relates to the regulation of firearms because all of the crimes identified are frequently perpetrated with firearms. […]

Second, the circuit court wrongly held that plaintiffs were likely to succeed on their claim that the Act violates the three-readings requirement in Article IV, section 8(d) of the Illinois Constitution. But section 8(d) further provides: “The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met.” Ill. Const. art. IV, § 8(d). This is known as the “enrolled bill doctrine”; it “mean[s] that, upon certification by the Speaker and the Senate President, a bill is conclusively presumed to have met all procedural requirements for passage,” including the three-readings requirement.

The Illinois Supreme Court has consistently held that the enrolled bill doctrine precludes litigation challenging certified legislation for failure to comply with the three-readings requirement. E.g., Friends of Parks v. Chi. Park Dist., 203 Ill. 2d 312, 328-29 (2003) (collecting cases). The circuit court recognized that the enrolled bill doctrine foreclosed this claim, but declared it was “time to revisit this practice,” and concluded plaintiffs were likely to succeed on this claim based on the Illinois Supreme Court’s decades-old remark that it “‘reserve[d] the right to revisit this issue.’” SR2011 (quoting Geja’s Cafe, 153 Ill. 2d at 260). But while the Illinois Supreme Court reserved its right to revisit this issue, circuit courts cannot declare “precedent a dead letter.” Yakich v. Aulds, 2019 IL 123667, ¶ 13. Because the enrolled bill doctrine unambiguously remains good law, “the [circuit] court committed serious error by not applying it.”

Third, the circuit court’s conclusion that plaintiffs are likely to succeed on their procedural due process claim represents another misapplication of the law. A plaintiff may not base a due process claim on the alleged violation of a different constitutional provision. See People v. Patterson, 2014 IL 115102, ¶ 97; In re A.C., 2016 IL App (1st) 153047, ¶ 60. But that is precisely what plaintiffs are doing here: their due process claim rests entirely on the legislature’s alleged failure to comply with the single-subject and three-readings clauses of the Illinois Constitution.

Furthermore, plaintiffs have failed to identify an individual property interest, which is a necessary element of a procedural due process claim. Vill. of Vernon Hills v. Heelan, 2015 IL 118170, ¶ 31. Plaintiffs have no such interest in the single-subject or three-readings clauses. Not only that, Illinois courts have recognized that the legislative process itself affords any process due. […]

The circuit court recognized these obstacles, yet declined to apply them based on its conclusion that the enrolled bill doctrine should be eliminated. SR2012. But as explained, only the Illinois Supreme Court may overrule its own interpretation of the Illinois Constitution, and the enrolled bill doctrine’s place within it.

There’s lots more. But that appellate court is gonna be a very hostile environment, to say the least.

…Adding… With a hat tip to a commenter, you gotta check this out. It’s like he didn’t prepare for the assignment and was called to the front of the class to explain the topic…


  1. - Give Us Barabbas - Monday, Jan 23, 23 @ 5:44 pm:

    Of course this performative obstructionism was headed up by Tweedle-and, well… you know. Seriously don’t these nuisance suits count as barratry?

  2. - Big Dipper - Monday, Jan 23, 23 @ 5:45 pm:

    I believe that the Fifth District is the most-often reversed, so if it is hostile it may be just a temporary setback.

  3. - very old soil - Monday, Jan 23, 23 @ 5:51 pm:

    Is Mr. Bailey paying Mr. DeVore’s fee. Is that $200 or $160,000

  4. - Former Downstater - Monday, Jan 23, 23 @ 6:17 pm:

    Is Devore capable of a lawsuit based on anything other than an extremely pedantic reading of the law?

  5. - Commonsense in Illinois - Monday, Jan 23, 23 @ 6:25 pm:

    Mr. DeVore should go back to chasing ambulances…probably more lucrative.

  6. - Dotnonymous - Monday, Jan 23, 23 @ 6:32 pm:

    If you made DeVore hug a tree…he’d sue you for a splinter.

  7. - TheInvisibleMan - Monday, Jan 23, 23 @ 6:51 pm:

    The video Mark Maxwell just posted on Twitter of Bailey responding to an interview question, perfectly sums up the thought ‘process’ that led to this.

  8. - Huh? - Monday, Jan 23, 23 @ 7:50 pm:

    Once again, beetle has difficulty stringing words together into a coherent sentence.

  9. - Candy Dogood - Monday, Jan 23, 23 @ 8:10 pm:

    I wouldn’t wish Darren Bailey being part of one’s group project on my worst enemy.

  10. - northsider (the original) - Monday, Jan 23, 23 @ 8:33 pm:

    I wonder if all 1600 plaintiffs have signed retainer agreements.

  11. - Anonymusings - Monday, Jan 23, 23 @ 8:46 pm:

    ===probably more lucrative.

    More lucrative than 1/2 a million dollars for these two lawsuits - paid up front?

  12. - Shibboleth - Monday, Jan 23, 23 @ 8:57 pm:

    Meanwhile, as people fight to expand individual gun ownership, another mass shooting.

  13. - Thoughts - Monday, Jan 23, 23 @ 9:24 pm:

    It would be interesting for someone to tabulate the amount of money that Devore and Bailey have cost the taxpayers on all of their lawsuits. The filing fees, the cost attributable to the judges and clerks, attorney general staff, outside counsel, etc.

  14. - Amalia - Monday, Jan 23, 23 @ 9:58 pm:

    Bailey and gun word salad. I’m in zero mood for this tonight, after a shooting in Chicago and another big one in California. Here’s what I want now….several of these shootings involve legally purchased weapons. I want to immediately highlight from where/or whom the gun was purchased. see, legal purchase, illegal use. and if there is an illegal use and it’s traceable, publicize that well. for each and every traced shooting. they start legal, they end up lethal. in. no. mood.

  15. - Rudy’s teeth - Monday, Jan 23, 23 @ 10:40 pm:

    Darren Bailey…your fifteen minutes are up.

  16. - RNUG - Monday, Jan 23, 23 @ 11:03 pm:

    The State court actions are just a circus side show,but enjoy the popcorn. A lot of the initial ruling for the TRO will get overturned. And eventually the IL SC weighs in. But even the IL SC won’t get the final word; the case in the Federal system will see to that.

    Which reminds me; I need to drop into my neighborhood firearms shop later this week to pick up one 10 round pistol magazine to be completely compliant with the new law.

  17. - truth seeker - Tuesday, Jan 24, 23 @ 7:54 am:

    any one have any stats as to how many times 223 or 7.62 rounds were fired in 2022 or 2021 at crime scenes i.e. how many shootings involved these weapons how many shootings state wide……. 40% 50% or higher of the crime scenes had these types of weapons fireds?

  18. - CJA - Tuesday, Jan 24, 23 @ 8:32 am:

    And the goal would be to …?

  19. - Mike Sorensen - Tuesday, Jan 24, 23 @ 4:02 pm:

    Amalia, I would ask this: What other legal purchases resulting in illegal uses would you like to go after the seller for?

    In Aug 2022, a driver killed 5 and injured 40 at the Waukesha Christmas parade in Nov. 2021. Should the dealer that sold the vehicle be held accountable?

Sorry, comments for this post are now closed.

* Reader comments closed for the weekend
* New laws (Updated)
* SUBSCRIBERS ONLY - Campaign update: Circling the wagons
* Isabel's afternoon roundup
* Southern Illinoisan newspaper journalists say goodbye to their community after new owner fires all employees
* Report examines Illinois women’s political power
* Proposal to save suburban, Chicago public transit transit includes tax on services, parking and raising RTA sales tax
* AG Raoul, others file antitrust lawsuit against NCAA
* Question of the day: 2023 Golden Horseshoe Awards
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Open thread
* Isabel’s morning briefing
* Live Ed Burke Trial Coverage
* Live coverage
* Yesterday's stories

Visit our advertisers...



Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller