Caulkins Appeals Assault Weapon Ban to U.S. Supreme Court
Rep. Dan Caulkins (R-Decatur) has petitioned the U.S. Supreme Court to hear his case challenging the state’s new assault weapons ban. Caulkins and his attorneys argued two justices who received more than $2 million in campaign contributions from defendants in the case can’t be impartial.
NOTE: This story was originally posted for subscribers only. To receive subscriber-only newsletters and content, click here.
Rep. Dan Caulkins (R-Decatur), who had a lawsuit challenging the state’s assault weapons ban rejected by the state Supreme Court in August has filed a petition for the U.S. Supreme Court to review the case.
The filing asks the U.S. Supreme Court to take the case, not only on the 2nd Amendment challenge, but because of a perceived conflict of interest of two state Supreme Court Justices who ruled on the case.
Both Justices Elizabeth Rochford and Mary K. O’Brien, Democrats elected last November, received campaign contributions from Governor JB Pritzker and House Speaker Chris Welch totaling around $2.5 million. Both Pritzker and Welch are defendants in the case.
Caulkins and his attorneys had asked Rochford and O’Brien to recuse themselves from the case, which they declined to do.
In their filing, Caulkins’ attorneys argue Rochford and O’Brien hearing the case essentially guaranteed the two justices would side with the Democrats, their large campaign contributors.
“Nothing could be more injurious to the judiciary than the perception that its independence is for sale,” the filing states.
“Both Justice Rochford and O’Brien received disproportionate campaign contributions, and both made a commitment to support the legislative policy of banning assault weapons,” Caulkins said in a statement. “Additionally, the donations to these justices came from Gov. JB Pritzker and House Speaker Chris Welch, which calls into question the independence of the judiciary and the separation of powers. Given the size of the campaign contributions and who gave the contributions, there not only is a question of fairness and impartiality, there also is a question of the independence of the Justices which calls into question the validity of the state court decision.”
Interestingly, O’Brien voted with the minority in the case that the law was unconstitutional.
The filing also alleges the assault weapons ban violated the 2nd Amendment to the U.S. Constitution.
“The Complaint identified the Second Amendment, including but not limited to, the allegations that the law infringed the Second Amendment codified fundamental right to keep and bear arms for defense of self, family and property in the home,” the filing states. “. Assault weapons were alleged to be in common use, an allegation admitted by Defendants’ [objection].”
A spokesperson for Attorney General Kwame Raoul, who is representing both the AG and Pritzker, did not respond to a request for comment.
The Attorney General and Governor have until mid-December to file a response.