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Dan Caulkins, et al. v. Jay Robert Pritzker, in His Official Capacity as Governor of the State of Illinois, et al.

Paid petition · Supreme Court of Illinois, No. 129453 · judgment August 11, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Fourteenth Amendment Due Process Right to Fair Hearing and Guarantees Clause, Article IV, Sec. 4:

  1. Does a self-evaluative review applying no objective standards under Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009) by a Justice(s) on the state’s highest court challenged for disqualification deny the basic due process right to a fair hearing under the Fourteenth Amendment when the Justice(s) participated in the consideration of this case involving the constitutionality of the Illinois Assault Weapons Partial Ban1 given the 2.6 Million Dollars disproportionate campaign contributions at the immediately preceding election from Defendants, leaders of the legislative and executive branches, directly to the campaign funds for the Justices, shared publicly represented commitment with Defendants to ban assault weapons when the General Assembly convened after the election, and when the issues in the case required the Court to judicially review the constitutionality of the process Defendants employed to enact the assault weapon ban?

  2. Does a litigant’s basic due process right to a fair hearing before the judiciary, including the appearance of a fair hearing, under the Fourteenth Amendment and the public’s interest in the appearance of an independent judiciary prevail over any First Amendment 1 As hereafter defined.

Counsel of record

For petitioner
Jerrold Harris Stocks
Featherstun, Gaumer, Stocks, Flynn & Eck, LLP

For respondent
Jane Elinor Notz
Office of the Attorney General, State of Illinois

Case

Conference history
Distributed for 1 conference

Linked docket
23A527

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 13 2023
    Application (23A527) denied by Justice Barrett.
  3. Dec 06 2023
    DISTRIBUTED for Conference of 1/5/2024.
  4. Dec 06 2023
    Application (23A527) for writ of injunction, submitted to Justice Barrett.
  5. Dec 04 2023
    Supplemental brief of petitioners Dan Caulkins, et al. filed. (Distributed)
  6. Dec 01 2023
    Waiver of right of respondent Jay Robert Pritzker, et al. to respond filed.
  7. Nov 09 2023
    Petition for a writ of certiorari filed. (Response due December 14, 2023)