Justice Clarence Thomas Calls the 7th Circuit’s Definition of “Non-Militaristic” Limitation “Nonsensical”
(Springfield, IL) – Last February, the Illinois State Rifle Association followed through on a promise made to law-abiding, responsible gun owners that they would challenge Gov. JB Pritzker’s ban on commonly owned firearms in Illinois on the grounds that the law is unconstitutional by officially filing their appeal with the United States Supreme Court in Washington, DC.
On January 17, 2023, the ISRA, Firearms Policy Coalition and the Second Amendment Foundation filed a federal lawsuit with the U.S District Court for the Southern District of Illinois challenging the law. After making its way through the legal process and out of District Court, on December 11, 2023, the Seventh Circuit rejected our request for a hearing as expected – paving the way for the certiorari Petition (a formal request to review the case) to the U.S. Supreme
Court. On early Tuesday, the Court effectively ended our request for emergency relief, however the case will continue in front of Judge Stephen McGlynn in the Southern District of Illinois.
In the dissenting opinion, U.S. Supreme Court Associate Justice Clarence Thomas, who was in favor of granting emergency relief, had some strong words for the 7th Circuit, writing, “The Seventh
Circuit’s contrived “non-militaristic” limitation on the Arms protected by the Second Amendment seems unmoored from both text and history..... And, even on its own terms, the Seventh Circuit’s application of its definition is nonsensical.”
“We are obviously very disappointed for the millions of legal gun owners in Illinois by today’s decision not to grant emergency relief, but we’re not
giving up. And today’s decision does not impact the merits of our case for our upcoming hearing on September 16h in the Southern District of Illinois. Too much is at stake, and the ISRA remains on the front lines and continues to stand up to Gov. Pritzker and anti-gun legislators in Springfield on behalf of 2.4 million law-abiding, responsible firearms owners in Illinois,” said ISRA Executive Director Richard Pearson. “Our objective from the very beginning of the process that
started the moment Gov. Pritzker signed the bill into law – was to take our case to the United States Supreme Court. And we followed through on that promise, and despite today’s decision – if given the chance, we’d do it all over again because it is the right thing to do,” said Pearson.
The ISRA has and will continue to stand up for the rights of Illinoisans. On September
16h, the ISRA and the other Harrel Plaintiffs are preparing for a trial on the issues before Judge McGlynn in the Southern District of Illinois.
The ISRA is presently leading the charge as a named plaintiff on two cases and playing a supporting role in an additional five more – totaling 7 cases dealing with constitutional issues and on behalf of law-abiding gun owners in Illinois.
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