(The Center Square) – Plaintiffs in a lawsuit challenging Illinois’ “assault weapons” ban are seeking Illinois Supreme Court justices to recuse themselves due to campaign donations from the governor.
Illinois Gov. J.B. Pritzker signed the ban on more than 170 semi-automatic firearms and magazines over certain capacities on January 10.
Lawsuits were then filed in federal and state-level courts challenging the constitutionality of the ban.
In a Macon County case brought by state Rep. Dan Caulkins, R-Decatur, a circuit court judge issued a final judgment that the law is unconstitutional.
Because the appellate court already declared a similar challenge of the law on the grounds of equal protection violations had a likelihood of success, the state appealed directly to the Illinois Supreme Court, which accepted the case.
Before they were elected to the state’s high court, then-justice candidates Mary O’Brien and Elizabeth Rochford received $1 million each from Pritzker before the November 2022 election.
They also each received six-figure donations from Illinois House Speaker Emanuel “Chris” Welch, D-Hillside.
Now on the bench of seven justices, the justices are set to hear a challenge out of the Macon County case.
Caulkins’ attorney Jerry Stocks filed a motion Thursday for the justice to recuse themselves because of “unreasonably large campaign contributions” from Pritzker and Welch that “undermine public confidence” in the judiciary.
Asked in early March if the justices should recuse themselves because of the donations, Pritzker said that is “ridiculous.”
“And these are independent judges and they didn’t go around and campaign on things that they thought would win my support for them,” Pritzker said when asked by The Center Square.
Stocks argues the justices campaigned on supporting a ban on semi-automatic weapons and high-capacity magazines.
The motion filed Thursday notes that “each candidate voiced their support of [gun control] organizations’ top legislative priority: banning assault weapons and large-capacity magazines in Illinois.”
“The Justices were two of the G-PAC endorsed candidates that won the 2022 General Election with the support of G-PAC and Giffords PAC. The organizations claimed that they were heavily involved in delivering victories in many contested races. To earn the endorsement of G-PAC and Giffords PAC, each candidate voiced their support of the organizations’ top legislative priority: banning assault weapons and large-capacity magazines in Illinois,” the motion said.
“Looking toward veto and lame duck session before the 103rd General Assembly is sworn in this coming January, the gun violence prevention movement will be forcefully advocating to pass the measure into law,” the motion said.
More than a week after initially responding to whether the justices should recuse themselves, Pritzker on March 15 again defended the high-dollar donations.
“So, the conflicts that have been alleged are just false,” Pritzker said.
It is unclear when a decision on recusal will be made. The case is set to be heard by the Illinois Supreme Court in mid-May.