Capitol Fax.com - Your Illinois News Radar » Trump-appointed judge threatens AG Raoul, SA Foxx with possible sanctions
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Trump-appointed judge threatens AG Raoul, SA Foxx with possible sanctions

Wednesday, Sep 25, 2024 - Posted by Rich Miller

* Background

A federal judge in Rockford ruled it unconstitutional for Illinoisans with concealed carry permits to be prohibited from carrying guns on public transportation, a decision with uncertain implications for a decade-old state law.

The decision was a result of a 2022 lawsuit filed by four people who alleged the section of Illinois’ concealed carry law that bars holders of concealed carry licenses, or CCLs, from carrying the guns on public buses or trains violated their Second Amendment right to self-defense under the U.S. Constitution.

More background is here.

* Attorney General Kwame Raoul and Cook Count State’s Attorney Kim Foxx eventually filed a motion to stay judgement pending appeal. Excerpt

Finally, the public interest overwhelmingly favors a stay. The Supreme Court and the Seventh Circuit have both made clear that stays pending appeal are appropriate where lower courts have questioned the constitutionality of firearm regulations. … This is particularly true here, where there is already significant confusion regarding the Court’s order. For example. while the Court entered purely declaratory relief limited to four individuals and two public transit systems, at least one news publication is now reporting that the Court’s ruling allows all concealed carry license holders to carry concealed firearms in any train or bus in Illinois. Moreover, the potential safety implications of the Court’s order are highlighted by a recent mass shooting on the CTAs Blue Line, in which four people were murdered with firearms three days after the Court’s order was entered.

* That highlighted sentence infuriated Judge Iain Johnston, a Trump appointee who openly fretted about that connection when he handed down the original ruling. Judge Johnston issued an order today

A telephonic hearing is set for 10/2/2024 at 1:30 p.m. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888- 557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions.

Defendants’ motion contains the following sentence: “Moreover, the potential safety implications of the Court’s order are highlighted by a recent mass shooting on the CTAs Blue Line, in which four people were murdered with firearms three days after the Court’s order was entered.”

The two signatories of the motion must telephonically attend the hearing. Additionally, if the person who wrote this sentence is not one of the signatories to the motion, then that person must also telephonically attend the hearing. Counsel should be prepared to explain what reasonable inquiry was done as to the legal contentions and the evidentiary support for the factual contentions contained in this sentence. For example— and by no way of limitation—counsel should be prepared to articulate the reasonable inquiry that was made to determine if the suspect in the CTAs Blue Line shooting possessed a concealed carry permit, and if so, whether he brought the gun onto CTA property to protect himself. Moreover, counsel should explain the reasonable inquiry as to how the suspect was protecting himself from the sleeping homeless people when he allegedly shot them. If, after hearing the explanations as to any reasonable inquiry, counsel should be prepared to show cause why the factual and legal assertions in this sentence do not violate Rule 11(b).

* If you’re unfamiliar with Rule 11(b), it’s about possible sanctions

Rule 11— Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions […]

(b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, —

    (1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

    (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

    (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

    (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

       

31 Comments
  1. - Todd - Wednesday, Sep 25, 24 @ 3:18 pm:

    Some let their alligator mouth over-ride their hummingbird @$$ and got the judge mad. Not good

    But incase u missed it the 9th circuit court of appeals last week upheld an injunction barring enforcement of Cali’s ban of carry on mass transit not a good sign for Illinois chances


  2. - Stephanie Kollmann - Wednesday, Sep 25, 24 @ 3:20 pm:

    Judge Johnston believes people living on the Blue Line are eligible for and able to access a FOID and CCL? Fascinating. /s


  3. - Moon - Wednesday, Sep 25, 24 @ 3:25 pm:

    What is the significance of mentioning the judge was appointed by Trump.

    I do not see such emphasizes when the judge is appointed by Biden, Obama, etc.


  4. - Demoralized - Wednesday, Sep 25, 24 @ 3:26 pm:

    Sounds like this judge needs to grow thicker skin. That’s the least objectional of what could be said about his ridiculous ruling.


  5. - Larry Bowa Jr. - Wednesday, Sep 25, 24 @ 3:27 pm:

    “Additionally, if the person who wrote this sentence is not one of the signatories to the motion, then that person must also telephonically attend the hearing.”

    It is truly an insane premise that being a federal judge means you have personal jurisdiction over people you haven’t even identified.
    The only thing you can properly do with a request like that is laugh at it. What’s the threat if you don’t comply? Republican judges with lifetime appointments are going to invent even crazier gun laws than they already have? It’s not possible at this point.


  6. - Norseman - Wednesday, Sep 25, 24 @ 3:29 pm:

    Please ignore the pile of dead bodies and let me make philosophical rulings that will increase the deaths.


  7. - Rich Miller - Wednesday, Sep 25, 24 @ 3:32 pm:

    ===What is the significance of mentioning the judge was appointed by Trump. ===

    It’s explained in the post. Try reading.


  8. - Google Is Your Friend - Wednesday, Sep 25, 24 @ 3:35 pm:

    - Todd - Wednesday, Sep 25, 24 @ 3:18 pm:

    Might want to learn about a thing called a “circuit split” before spouting off


  9. - Donnie Elgin - Wednesday, Sep 25, 24 @ 3:38 pm:

    The judge has a great point:

    “if the suspect in the CTAs Blue Line shooting possessed a concealed carry permit, and if so, whether he brought the gun onto CTA property to protect himself”

    The whole point of the case is related to CCL holders in IL as a class; they are licensed and instructed by a certified firearms trainer before the CCL is issued.


  10. - thechampaignlife - Wednesday, Sep 25, 24 @ 3:40 pm:

    What improper purpose or claim was made by a general statement highlighting a gun crime on mass transit? They did not allege that this crime was caused by the order. If you cannot see the potential implications of extra guns floating about in confined spaces (even if you disagree with the inferred conclusion), perhaps you need a coloring book to work on your imagination skills.


  11. - champaign lite - Wednesday, Sep 25, 24 @ 3:46 pm:

    - thechampaignlife - Wednesday, Sep 25, 24 @ 3:40 pm:

    What improper purpose or claim was made by a general statement highlighting a gun crime on mass transit? They did not allege that this crime was caused by the order. If you cannot see the potential implications of extra guns floating about in confined spaces (even if you disagree with the inferred conclusion), perhaps you need a coloring book to work on your imagination skills.

    So there are no guns on mass transit now?


  12. - New Day - Wednesday, Sep 25, 24 @ 3:51 pm:

    Umm, yea, because if you possess a CCL, you also have license to shoot unarmed sleeping homeless people because they were scary looking as they slept?


  13. - pc - Wednesday, Sep 25, 24 @ 3:53 pm:

    since they never alleged that the shooter was a CCL holder or that he was defending himself, I don’t see how any failure to inquire into whether those things were true would be sanctionable


  14. - thechampaignlife - Wednesday, Sep 25, 24 @ 3:55 pm:

    ===So there are no guns on mass transit now?===

    I said extra guns. And you are right, we should do better at eliminating the ones that are already there.

    But, again, the highlighted statement was not an improper purpose or claim. It may not be compelling, but it was not sanction-worthy.


  15. - Donnie ELgin - Wednesday, Sep 25, 24 @ 3:56 pm:

    = if you possess a CCL, you also have license to shoot unarmed sleeping homeless people=

    No the point is that until AG Raoul, SA Foxx can prove up, that the suspect in the shooting was a FOID/CCL holder then their objection is meritless.


  16. - Big Dipper - Wednesday, Sep 25, 24 @ 4:24 pm:

    Um it’s not an objection. It’s a reason for granting a stay.


  17. - Red headed step child - Wednesday, Sep 25, 24 @ 4:26 pm:

    Simple, you cant enforce the ccl law,on restrictions to a person who is not legally allowed to carry a gun..its,silly but….tgese,laws like most gun laws,apply to persons who can legally possess..they didn’t show that here


  18. - 44 - Wednesday, Sep 25, 24 @ 4:26 pm:

    Unless they were concealed carry holders seems like a dumb thing to say on a court filing. At best it’s irrelevant. At worst lies annd political BS to imply that the ruling would have prevented the shooting. If anything makes the case why people need to arm themselves.


  19. - Three Dimensional Checkers - Wednesday, Sep 25, 24 @ 4:29 pm:

    Ridiculous. The legal standard for granting the stay requires the court to examine “whether the public interest favors one side or the other.” Yeah, it is arguably in the public interest to not let FOID/CCL holders bring more guns on the CTA.


  20. - Todd - Wednesday, Sep 25, 24 @ 4:51 pm:

    Checkers — maybe you missed the part of Bruen where interest balancing is out the window. Or the concept of irreparable harm by the denial of a right or that the public interest is that people are not denied their right to carry because they use or take public transit which feeds into their irreparable harm

    States gonna loose just like they will in the gun ban case


  21. - Three Dimensional Checkers - Wednesday, Sep 25, 24 @ 5:01 pm:

    ===States gonna loose just like they will in the gun ban case===

    Maybe, maybe not.

    R. 11(b) is about frivolous and non-frivolous arguments, and the motion for a stay requires the court to consider the public interest as a factor in granting or denying the stay. Bruen is not the standard. The State made a non-frivolous argument about the public interest factor. The court can disagree, but sanctioning the State for making this argument is repressive.


  22. - TJ - Wednesday, Sep 25, 24 @ 5:02 pm:

    Why do I get the feeling that this judge would be the absolute first person come out against a proposed bill to allow concealed carry in courthouses? Pretty easy for them to make this decision when they probably haven’t been on any mode of public transit in ages.


  23. - hisgirlfriday - Wednesday, Sep 25, 24 @ 5:09 pm:

    What a diva move by the judge.

    If you don’t find the argument to have merit, OK, put that in your ruling. But to call a hearing over a sentence in a brief you take personally because it presents facts that are inconvenient for your pro-2A ideology shows a judge who is inexperienced or intemperate or both.

    Sounds like the judge is auditioning for an appointment to a higher bench by a future Republican admin.


  24. - Big Dipper - Wednesday, Sep 25, 24 @ 5:44 pm:

    He seems like all bark and no bite but if he does foolishly sanction the Seventh Circuit will find it to be an abuse of his discretion.


  25. - Henry Francis - Wednesday, Sep 25, 24 @ 7:02 pm:

    Definitely an overreaction by the judge here. First, I don’t see how anything that was said was untrue. Secondly, Lawyers routinely include unsubstantiated statements in court pleadings. Just look at all the 2020 election suits.

    Also, iirc the Judge made a point of mentioning Fox by name a dozen times in his prior opinion. He appears to be taking this way too personally. Not really the temperament you want in a judge.

    But he isn’t laying on the floor on top of kiddie porn, so I guess he’s not all bad.


  26. - West Side the Best Side - Wednesday, Sep 25, 24 @ 9:09 pm:

    Todd - Do you ever proofread the stuff you write before you hit “Say It”?


  27. - Just a Random Guy - Wednesday, Sep 25, 24 @ 9:22 pm:

    I see the Grammar Police have arrived. Thank goodness!


  28. - Keyrock - Wednesday, Sep 25, 24 @ 9:25 pm:

    Judge Johnston didn’t have a great reputation as a magistrate judge before he was promoted to the district court.

    Big Dipper is correct that if he tries to sanction any defense counsel for making a serious (even if losing) argument about the public interest, the 7th Circuit will slap him down.


  29. - thisjustinagain - Wednesday, Sep 25, 24 @ 11:04 pm:

    Apparently the judge is tired of hearing the anti-2nd Amendment arguments containing no substance or proof in support of the claims made by the Defendants. Merely citing that recent shooting (illegal in itself, and not the same as CCL holders defending themselves on public transit from crime) is no support for the Motion before the trial court.


  30. - old guy - Thursday, Sep 26, 24 @ 9:09 am:

    Aileen Cannon school of quality judicial appointments


  31. - Big Dipper - Thursday, Sep 26, 24 @ 10:36 am:

    ==no support for the Motion before the trial court.==

    The broad purpose of the law is to reduce gun crime on public transportation, so discussing a mass shooting on public transportation is relevant.


TrackBack URI

Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Isabel’s afternoon roundup
* The Waukegan City Clerk was railroaded
* Whatever happened, the city has a $40 million budget hole it didn't disclose until now
* Manar gives state agencies budget guidance: Cut, cut, cut
* Roundup: Ex-Chicago Ald. Danny Solis testifies in Madigan corruption trial
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
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

Syndication

RSS Feed 2.0
Comments RSS 2.0




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