SPRINGFIELD, Ill. (WAND) — The Illinois Supreme Court heard oral arguments Wednesday over whether or not constitutional lawsuits should only be filed in Sangamon and Cook Counties. A 2023 law has caused controversy for people hoping to file complaints against the state in their own counties.
FILE - This Aug. 27, 2014 file photo shows a statue outside of the Illinois Supreme Court building in Springfield, Ill. (AP Photo/Seth Perlman, file)
Democratic lawmakers passed legislation in 2023 to limit the venues people could file lawsuits challenging state laws, rules and executive orders. The proposal came in direct response to the countless lawsuits filed against Gov. JB Pritzker and legislative leaders due to COVID-19 pandemic restrictions and the state's assault weapons ban.
However, a Madison County judge ruled the law violated due process rights.Â
"The circuit court did so on the thinnest possible record - two declarations asserting that it would be more convenient to litigate this case in Madison County than here in Sangamon County an additional hour away," said Deputy Solicitor General Alex Hemmer. "That showing cannot be enough to establish that a venue rule violates the due process clause."
The Madison County case surrounds a lawsuit filed by a gun shop owner in Alton, Illinois following the state's Firearm Industry Responsibility Act. That law holds the firearm industry accountable for unlawful tactics leading to gun violence. Many gun shops filed lawsuits once they found out the law prevented them from marketing or selling guns to minors.
"It is far more difficult to litigate hours away from your home forum than it is in your home forum, especially when there's no compelling interest or reason to force you to litigate in a foreign jurisdiction or county except that the state doesn't like being sued in different counties," said Thomas Maag, the attorney representing Piasa Armory LLC.
Illinois Supreme Court justices understand traveling for cases in Springfield and Chicago could be inconvenient, but they must now rule on if the law deprives people of due process.
"The legislature itself said there is concern about multiple cases challenging statutes on the basis of unconstitutionality, multiple cases being filed all over the state, which raises issues of inconsistent decisions," said Chief Justice Mary Jane Theis.
Republican justices on the court argue this law is blatant court shopping in favor of Democratic state leaders.
The Illinois Supreme Court took this case under advisement. A ruling is likely in the coming months.Â
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