SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Appellate court approves expedited term limits hearings

Tuesday, Jul 22, 2014

* Illinois Review

Although the term limits state constitutional amendment was rejected by the Illinois Supreme Court last week, GOP gubernatorial candidate Bruce Rauner told reporters Monday his legal team expects to return to the state’s highest court again.

The first step was going back to the state’s First District Appellate Court, which said Monday it would hear the case and expedite its ruling. Either way the appellate court decides, the case will be appealed back the state’s highest court. With ballot printing deadlines less than a month away, timing will be crucial.

“We’re asking this court to make an expedited decision, we think they owe it to you, they owe it to the voters of our state to make a prompt decision on this and then let the voters decide the issue,” Rauner said at a news conference.

Expedited appeal is basically a three-week turnaround. A week each for briefs and motions and then a week to formulate the opinion. That puts them at August 11th or so for the opinion - just ten days before the ballot is scheduled to be certified.

Tick tock.

- Posted by Rich Miller        


25 Comments
  1. - lake county democrat - Tuesday, Jul 22, 14 @ 9:50 am:

    If a ruling doesn’t beat the clock, it’s just that much more proof of how undemocratic Illinois is. Here is a ballot initiative which polls show has overwhelming support among the public and which apparently had enough signatures to meet the state’s onerous requirement, yet the Supreme Court can’t make time to decide it’s constitutionality in a timely manner? They’re *that* busy? This has nothing to do with the merits of their argument - from what I saw it sure seems like it exceeds the scope of what is permitted for constitution ballot initiatives.

    And, of course, the legislature and supposedly pro-term-limit Governor could put it on the ballot themselves. That they don’t shows how much they care about small-d democracy.


  2. - hisgirlfriday - Tuesday, Jul 22, 14 @ 9:52 am:

    Sorry to threadjack but Rich can we have a thread on that appeals court ruling out of D.C. on the Obamacare exchanges given that Illinois is one of the states where enrollees would lose subsidies if this stands?


  3. - Stones - Tuesday, Jul 22, 14 @ 9:54 am:

    More show than go. As the piece stated this will end up in the Supreme Court anyway. This is just a step along the way.


  4. - Anonymous - Tuesday, Jul 22, 14 @ 9:56 am:

    gosh i guess rauner can play the outsider victim card now and anger low info voters


  5. - Anon - Tuesday, Jul 22, 14 @ 10:01 am:

    Was the earlier Sup Ct ruling a denial of direct appeal to the high court, and not on the merits? If so, won’t the issue still get to the Sup Ct by way of appeal from Appellate Court? Certainly time is short, and probably Sup Ct could deny a petition for review, thereby letting the Appellate Court decision stand, whatever it is…right?


  6. - Under Further Review - Tuesday, Jul 22, 14 @ 10:06 am:

    The Illinois Supreme Court really needs to promulgate rules concerning the processing of election law cases. Standards need to be defined. It can really be hard to prepare a record on appeal for cases that go up on appellate review. One wishes that the trial court judges would do a better job also. So many circuit court rulings on ballot access wind up being reversed on appeal.


  7. - gopher - Tuesday, Jul 22, 14 @ 10:10 am:

    hard to shake up Springfield if you can’t even get your question on the ballot because you don’t follow the rules


  8. - Under Further Review - Tuesday, Jul 22, 14 @ 10:28 am:

    @Anon 10:01

    There is a procedure to seek immediate appellate review of a circuit court decision in the State Supreme Court without the intermediate review in the Appellate Court. If a question is deemed sufficiently important, the State Supreme Court can exercise its discretion and accept a case directly from the Circuit Court.

    The denial of this motion was not on the merits. It was more of an administrative decision. The case needs to be processed through the Appellate Court as is customary.


  9. - Brass - Tuesday, Jul 22, 14 @ 10:40 am:

    Good reminder that our state desperately needs legal reform from bottom to top.


  10. - Norseman - Tuesday, Jul 22, 14 @ 10:44 am:

    I’d hoped this awful amendment was dead for good.


  11. - 47th Ward - Tuesday, Jul 22, 14 @ 10:54 am:

    “I’ve been successful at everything I’ve ever done.”

    Except this. And that nursing home business.


  12. - Anon III - Tuesday, Jul 22, 14 @ 10:56 am:

    An opinion and a ruling on the appeal need not issue on the same date. Similar to the Appellate Ct, the Supreme Ct. could issue its ruling in an order, with an opinion to follow. I assume there will be a motion to delay the certification of the ballots.


  13. - Precinct Captain - Tuesday, Jul 22, 14 @ 10:58 am:

    ==Here is a ballot initiative which polls show has overwhelming support among the public==

    Doesn’t matter what polls show. Racism polled well for centuries, doesn’t mean it should have ever been state policy.

    ==And, of course, the legislature and supposedly pro-term-limit Governor could put it on the ballot themselves. That they don’t shows how much they care about small-d democracy.==

    The governor can’t put anything on the ballot himself. The legislature could, but don’t want to for obvious reasons. If you don’t like it, organize and vote them out.


  14. - Jimbo - Tuesday, Jul 22, 14 @ 10:59 am:

    47th, looks like he plans to fail at cutting taxes as well.


  15. - Yellow Dog Democrat - Tuesday, Jul 22, 14 @ 11:09 am:

    @47th Ward:

    And blocking Illinois pension reform.

    And blocking Chicago pension reform.

    And stopping Kirk Dillard’s appointment.

    And proposing a budget where revenue matches spending.

    I could go on…

    As to the whiners:

    The Trial judge was on precedent. If you are in such a rush to hear no, try speed-dating.

    Yes, amending the Constitution is an “up democratic” process. It takes more than a simple majority. Illinois had the chance four years ago to hold a constitutional convention to enact term limits and other changes, but 1.1 million voters said No, with much encouragement from business and labor. 2020 is a presidential election year, maybe that year will be different.

    I have a feeling.


  16. - Anonymous - Tuesday, Jul 22, 14 @ 11:15 am:

    This proposal was in a form that couldn’t pass legal review, and that was obvious and pointed out from day one. Not even close, as the first judicial review and denial showed.

    It certainly looks like it was a cynical rip-off of the good people who supported the ideas and passed and signed the petitions, entirely for Rauner’s political gain.

    This latest move is not about term limits, but about keeping this “shake up Springfield” message in the press. And maintaining the anger of the public at just the right levels to vote out incumbents, while not killing turnout.

    It has been a genius campaign tactic, but a sick, abusive way to mislead the public.

    I personally am not against term limits, but this Rauner effort might have killed that reform for good. All supporters of term limits should be angry, and not at the courts.


  17. - walker - Tuesday, Jul 22, 14 @ 11:25 am:

    Anonymous 11:15 was me. sorry.


  18. - lake county democrat - Tuesday, Jul 22, 14 @ 11:43 am:

    Walker — why should supporters of term limits be angrier at Rauner than the politicians blocking the vote? Again, Governor Quinn claims to be in favor of term limits. Polls show overwhelming support for it among voters. And regardless of whether the Raunner petitions form was off, they met the heavy signature burden - silencing their voice is the real “abuse” here. And how is Quinn and Madigan being less cynical by claiming they need the voters input on raising the minimum wage but not on term limits?


  19. - lake county democrat - Tuesday, Jul 22, 14 @ 11:44 am:

    (And to be clear - I’m referring to the fact that the legislators have the power to put a term limits referendum on the ballot, not that the legislators are manipulating the courts’ rulings).


  20. - X-ray 1 - Tuesday, Jul 22, 14 @ 11:51 am:

    Who wouldn’t want a guaranteed job and pension with no danger of losing it. Greed, Greed, Greed!


  21. - Precinct Captain - Tuesday, Jul 22, 14 @ 11:58 am:

    ==Governor Quinn claims to be in favor of term limits.==

    There not much more you could do to be in favor of it than collect signatures for a petition drive, which he was successful at. He just wasn’t successful at crafting a petition that met the framework of the state constitution, therefore it got tossed out in court. If that’s your standard, then you need to say Rauner is “supposedly” in favor of term limits because he is in the same spot now.


  22. - lake county democrat - Tuesday, Jul 22, 14 @ 12:13 pm:

    From an editorial today in the oh-so-hated Tribune:

    “We keep pointing out that lawmakers could simply have heeded all those polls and placed a term limits amendment on the ballot themselves. That would spare their constituents the effort and expense of collecting all those signatures and defending the measure in court. The legal arguments used to attack the citizens’ initiative don’t apply to amendments proposed by the General Assembly.”

    Snap.


  23. - walker - Tuesday, Jul 22, 14 @ 12:25 pm:

    @LCD with respect. Good, serious questions.

    My anger is directed at Rauner for starting the whole effort with a ballot initiative which could not legally succeed, no matter how many signatures were gathered. It was a deliberate sham, or should have been seen to be one. It is like making political hay with a petition which said people no longer have to pay for gasoline, which would easily meet the heavy signature burden. That’s just not good enough.

    This petition also had the cute tactic of changing the rules for Veto overrides by the Governor, and the size of the House, under cover of Term Limits — which no signers whom I talked to remembered were part of it, if they ever knew. It should have been less kitchen sink, and more a simple clear choice on one issue.

    Should it be so hard for the public to get binding ballot initiatives on things their elected representative legislature won’t do? That’s an important but different discussion. It should indeed be difficult, but maybe not this difficult.

    As to the cynicism of Quinn and Madigan in asking for voters’ ballot input on the minimum wage, as a ploy to avoid their legislative responsibilities and still look good, I agree with you. If there were enough public pressure on the legislators for considering term limits, and they couldn’t get the votes, then they could also put that on the ballot. The pressure isn’t sufficient yet.

    Of course, I could be wrong about how wrong this was. I literally yelled out in disgust when I first read the full petition itself, because I had been in favor of a version of term limits, and probably scared the poor gatherer.


  24. - VanillaMan - Tuesday, Jul 22, 14 @ 12:51 pm:

    Keep it in the news.
    This only adds credibility to Rauner’s campaign that he wants to shake up Springfield.

    Keep it in the news.


  25. - Demoralized - Tuesday, Jul 22, 14 @ 3:47 pm:

    ==That they don’t shows how much they care about small-d democracy.==

    I consider the decision to oppose this to be very democratic. I consider it very undemocratic to be told I’m not entitled to vote for a person 10 times in a row if I so choose. We already have term limits in place; they are called elections. What term limit supporters want is for the law to be changed to force the changes at the ballot box they can’t get in an election.


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* No pension bump for Stermer, MJM still not persuaded on special session
* SUBSCRIBERS ONLY - More comptroller stuff
* 1:30 comptroller announcement expected - Stermer appointed, says he will resign January 12th
* SUBSCRIBERS ONLY - Comptroller stuff
* Golden Horseshoe Awards
* Bears open thread
* More adventures in misgovernance
* Question of the day - Golden Horseshoe Awards
* Petulance all around
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Looney Tunes make a comeback on mobile devices with new game
        * Samsung Galaxy J1 tipped as upcoming entry-level Android
        * Oppo R5 review: Thin is an understatement
        * Coffee messaging app lets you text easily on Android Wear
        * Android 5.0.2 appears out of the blue for the Nexus 7 2012
        * Minuum update: multiple languages at once, material design
        * Carnival’s Mobile Marketing Platform Gets More Automated

        * BlackBerry Working With Boeing on Secure Phone That Self-Destructs
        * The First Parking Spot You See May be the Most Efficient Spot to Take
        * President Obama Doesn’t Think Sony Should Have Pulled “The Interview”
        * FBI Confirms North Korea’s Involvement In Sony Hack
        * This USB Necklace Is Able To Hack Your Computer In Minutes
        * With Tidal, Sonos adds its second HD music service
        * Medium hires its first head of content advertising

        * Terrerobytes: Future of Cuban baseball complicated on both sides
        * White Sox sign George Kottaras to a minor league deal
        * Kottaras to join White Sox with Minor League deal
        * Loss of Draft picks viewed as good trade for White Sox
        * Windy City revival: Cubs, White Sox revamped for '15
        * ZiPS projections underscore White Sox's riskiest bets
        * AL Central looking like one powerhouse division

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Quinn names Jerry Stermer to succeed Topinka as.....
        * Quinn names comptroller to replace Topinka..
        * Gov. Quinn names comptroller to replace Topinka..
        * Rauner calls Illinois comptroller appointment '.....
        * Governor Quinn has picked a temporary successor.....
        * Quinn names longtime aide Stermer to succeed To.....


        * Home confinement ordered for ex-pharmacy officials
        * Quinn signs bill increasing juror pay
        * Illinois law nixes deadline for asbestos lawsuits
        * Gov. Quinn names comptroller to replace Topinka
        * Some gray wolves to be returned to endangered list
        * St. Charles students expelled after computer hack
        * Rauner calls Illinois comptroller appointment 'appropriate'
        * 1 thing even Rahm can't fix: Da Bears
        * AP Interview: Killeen sees UI as economic asset
        * SIUE sending plants to space for research project

        * Quinn signs law to nix deadline for asbestos lawsuits
        * Quinn names longtime aide Jerry Stermer comptroller until Jan. 12
        * Quinn to name comptroller replacement this afternoon
        * Madigan says T-Mobile settlement shields consumers
        * Quinn calls legislature back to Springfield to approve special election to replace Topinka
        * Audit: DCFS loses track of runaways
        * Audit: Illinois fails to monitor runaway kids
        * Chicago couple convicted of stealing state grants
        * Topinka remembered as tough, honest leader at memorial service
        * Illinois employers reminded of income-tax rollback

        * Rauner already showing he misses Topinka
        * It's not you, it's me: Wintrust finds a new lender
        * Leadership Greater Chicago chief David DeCoursey dies at 66
        * FDA approves AbbVie combo hepatitis C treatment
        * These halls are really decked out for Christmas


        * Lakeview pot dispensary on hold; Tunney opposes Halsted location
        * Despite community pleas, CPS puts Dyett HS out for proposals
        * Quinn to appoint new Illinois Comptroller today
        * Gov. Quinn appoints longtime aide as Illinois comptroller
        * Watch: President Obama's year-end press conference
        * Rewriting the Sony cyberattack script
        * time for new course in Cuba
        * Are Rahm's numbers creeping up? New internals show him near 50
        * Obama guidance, press schedule, Dec. 19, 2014. Press conference
        * A whole lot of nothing from the City Council


        * Nearly $30,000 raised for funeral of boy, 15, and scholarship for surviving brother
        * Masked gunman wounds 2 in South Chicago, 3 others injured in separate attacks
        * Quinn names longtime aide Stermer to succeed Topinka as comptroller
        * Hospital: Child remains in 'stable' condition, checked for Ebola virus
        * Students expelled, face charges in St. Charles school computer hacking
        * Waukegan woman wants trademark for 'I Can't Breathe'
        * Indiana stage collapse survivors settle for $50 million: lawyers
        * Woman indicted for phony business enterprise
        * Sen. Kirk wants to show 'The Interview' at campaign event


        * Listen to State Week - December 19, 2014
        * Quinn Picks Budget Chief To Be Temporary Comptroller
        * 'Uber-gentrification' a force in Chicago's West Loop
        * Durbin leaving Congressional roommates behind
        * Worries rise in Russia as ruble falls
        * Improviser finds purpose in Chicago police mental health crisis trainings
        * Chicago 'petcoke' handler says it'll enclose piles
        * Waukegan woman seeks to trademark 'I can't breathe'
        * Obama re-establishing US relations with Cuba
        * Teaching hospitals hit hardest by medicare fines for patient safety


        * Quinn signs law to nix deadline for asbestos lawsuits
        * Quinn names longtime aide Jerry Stermer comptroller until Jan. 12
        * Madigan says T-Mobile settlement shields consumers
        * E.J. Dionne: Chuck Schumer: Take two
        * Esther Cepeda: The rainbow that isn’t
        * Raoul, Righter, Nekritz, Sandack: Clarifying privacy, eavesdropping bill
        * Quote of the day: Friday, Dec. 19, 2014
        * Quinn calls legislature back to Springfield to approve special election to replace Topinka
        * Audit: DCFS loses track of runaways
        * Audit: Illinois fails to monitor runaway kids


        * U.S. Sens. Durbin, Kirk call on intelligence agency to bring new facility to Scott AFB
        * Jury acquits man who was convicted before Judge Cook
        * Clyde Hunt
        * Ivas John Band headlines Blue Christmas Concert at the Varsity
        * Benton police searching for missing man
        * Durbin: cyberhacking akin to 9-11
        * Man charged with being armed habitual criminal
        * Man sentenced to 8 years for meth lab
        * 2 men accused of paying others to shop on North Prospect for meth precursor
        * Candidacy challenges come with a cost


        * Man without use of arms facing gun charge released
        * Lacy, others probable as Packers chase playoff berth
        * Nevada calls New Orleans Bowl vs. ULL a road game
        * Padres to acquire OF Justin Upton from rebuilding Braves
        * Gold medalist Michael Phelps pleads guilty to DUI

        * Bost Readies to Join Congress
        * Bost to resign early from state house, hea...
        * Illinois Rep. Mike Bost flips his lid over...
        * Rep. Mike Bost
        * Kilquest and Bryant to Face Off for 115th ...
        * Meet Mike Bost, a Must-Watch Freshman Cong...
        * Video Of GOP Lawmaker's Meltdown Resurface...
        * Controversy and change mark 2014 in Highla...
        * 8 things new members of Congress definitel...
        * Lawmakers Give Advice to New Members of Co...

        * Durbin responds to "Sony hack" by North Korea...
        * Senator Durbin: Surface Transportation Boa......

        * North Korea Hack Should Prompt Terror Desi......
        * Sen. Kirk wants to show 'The Interview' at......
        * Sen. Kirk 'disappointed' in Sony, vows to ......

        * Trailer: Chicago Public Schools: Closed
        * The Beachwood Radio Sports Hour #30: The Must-See Bears!
        * Potential Higher education College students Must Know These Tips
        * Chicagoans Hold Vigil For Victims Of Violence And Police Brutality
        * For Our Fallen Vigil In Chicago
        * Federal $10.10 Minimum Wage Would Benefit 25 Million Workers, Study Finds
        * Quinn Appoints Budget Director Jerry Stermer As Illinois Comptroller
        * Chicago Mayoral, 24th Ward Candidates Court West Side Voters At Local Forum
        * Labor Board Charges McDonald's As 'Joint Employer' Of Franchise Workers
        * Ruggles alum Demario Bailey will be remembered at the school today


        * Governor Quinn Appoints Jerry Stermer as Illinois Comptroller
        * Governor Quinn Calls Legislative Special Session - Governor Urges Legislature to Set Up 2016 Special Election for Comptroller
        * Governor Quinn Announces Illinois’ Unemployment Rate Hits New Low - Illinois’ Economic Comeback Continues; Unemployment Rate Falls to Lowest Level in More than Six Years
        * Illinois Ranks #1 in Volunteer Rate Among the Country’s 8 Largest States - 2.57 Million Illinoisans Give $7.2 Billion in Service
        * Law Enforcement, IDOT Make Final Push to Save Lives in 2014, Roadside Safety Checks Planned Over Holidays - New Episode of “The Driving Dead” Premieres Friday as Holiday Travelers are Reminded to Drive Sober and Buckle Up




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller