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* From a We Are One Illinois press release…
In response to a motion by the state seeking to short-circuit the Illinois Supreme Court’s normal procedure and replace it with an unfairly rushed schedule in the appeal of a ruling that struck down Senate Bill 1—pension-cutting legislation affecting active and retired teachers, state employees and university employees—the We Are One Illinois union coalition and the other plaintiff groups have requested that the Court follow its established rules to ensure a fair process with ample time for all parties.
Attorney General Lisa Madigan has requested a significantly truncated schedule for her appeal of a Sangamon County Circuit Court ruling that overturned SB 1.
Saying that a rushed process is unnecessary and could be unfair, the union coalition and other plaintiffs have asked the Supreme Court to adhere to its normal schedule for hearing appeals, allowing all parties adequate time to respond.
While the state claims to want a decision before the end of May for budget-making purposes, our filing points out that the state’s own appeal seeks only to return the case to the circuit court, where a decision would certainly not come before the supposed May deadline. In short, the state’s argument is based on trying to create “a false sense of urgency.”
Further, our reply notes, “The defendants made no effort to consult with the plaintiffs on any agreed briefing schedule prior to filing their motion. The reason is obvious. The defendants seek to impose a manifestly unfair briefing schedule on the plaintiffs” by severely reducing our time available to prepare required responses.
The motion is here.
posted by Rich Miller
Tuesday, Dec 9, 14 @ 2:09 pm
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This topic is like an annoying gnat(Madigan) that just will not go away no matter how many times you swat at it(courts). However, the other day I was amazed at how many little tykes I heard whispering into Santa’s ear how they wished to grow up and become teachers (especially–because you get so much out of them and but can disrespect them so much) or other state employees because you’re treated so well.
Comment by Anonymous Tuesday, Dec 9, 14 @ 2:29 pm
There doesn’t seem to be an urgency to get the Supreme Court to rule on this case. The Governor and legislature could prepare alternative budgets, based on the possible rulings by the court.
Comment by Apocalypse Now Tuesday, Dec 9, 14 @ 2:30 pm
Yes, our General Assembly is really and truly out of ideas here and have nothing left but hope and prayers that our third branch of government pulls their butts out of the slings they created by not funding Illinois pensions for decades.
Other states don’t allow their legislatures and executive branches to rob or ignore their pension systems. In our case, it is a part of the constitution these circumventors are swore to uphold during their inaugurations.
It would be best if our political leaders do what is expected of them, not wish or hope that they don’t have to do any heavy lifting to fix their own mess.
If you are a citizen of Illinois and wish to work for its government, you shouldn’t be tossed off after your retirement and treated so badly. It is exactly this threat of mistreatment that caused the Constitutional Convention to include the clauses protecting civil servants from the politicians eager to jettison any fiscal obligations owed.
What if we didn’t have this constitutional protection? Would we then allow every change in party leadership in our government to alter the retirement and benefits of retired civil servants based on who and what politician was in office when they did their work?
Madigan should not have done this. Now these mopes are going to be hoping they don’t have to do any real work to fix this.
Comment by VanillaMan Tuesday, Dec 9, 14 @ 2:34 pm
=== The Governor and legislature could prepare alternative budgets, based on the possible rulings by the court. ===
They have to pick a lane. Preparing a budget assuming the Supreme Court upholds SB 1 would be foolish. Then again, we’ve seen foolish before by Govs and GAs
Comment by Norseman Tuesday, Dec 9, 14 @ 2:35 pm
Given that even an expedited process would not likely result in an decision until later in the spring of 2015, this would not give our esteemed GA much time to craft an alternative budget that would thoughtfully address the real fiscal issues underlying our revenue problems. Any kind of longer term solution will require substantial reforms and changes in the State’s revenue generating capacity that will take months or even years to craft a workable solution. Hence, other than some kind of kneejerk short term response, I do not think the State gains a great deal in addressing its bigger problems via a fast ISC decision. In fact, a fast decision may make things worse. Question, what is the real motive behind Lisa Madigan’s request?
Comment by NIUprof Tuesday, Dec 9, 14 @ 2:38 pm
I guess the state didn’t think about these costs when it passed the questionable law in the first place? I mean, if the GA knew the law was likely unconstitutional, why didn’t the costs give them reason to pause?
Comment by The Dark Horse Tuesday, Dec 9, 14 @ 2:40 pm
I don’t think any serious people ever believed SB1 would pass muster with the courts. It was a way to get the silly ones among the Tribbies and Civvies off incumbents backs before the election.
Comment by Wordslinger Tuesday, Dec 9, 14 @ 2:52 pm
Why didn’t the costs give them reason to pause?
Because, snark, in this state of financial emergency, where we do not have one penney to spare, and police powers are necessary in order to take the retirement savings from certain old people in this state, we apparently have tons of cash (emergency?) to go on and on in the courts, using taxpayers’ money on this particular issue.Make no mistake that should this particular legislation be put to rest by the courts, another one will eventually pop up. This is how the state like to spend it’s money (yours) even tho we are supposedly broke. Pay no heed to actually trying to SOLVE the problem of paying back what was borrowed………oh no……..easier to spend tons to take money away from select people.
Comment by Anonymous Tuesday, Dec 9, 14 @ 2:54 pm
I don’t think anyone can seriously accuse any judicial process of being “unfairly rushed.” One of the biggest problems we have is exactly the opposite–the endless delay that characterizes our judicial system.
Comment by Illinois taxpayer Tuesday, Dec 9, 14 @ 2:59 pm
What’s the time needed to prepare for? Just recycle all of the plaintiff arguments of Madiar, toss in a few more points of your own, and a law school grad on their first case probably has a decent shot at an ISC 7-0 skunk.
Comment by Six Degrees of Separation Tuesday, Dec 9, 14 @ 3:23 pm
Gosh, that is some first sentence.
Comment by Soccermom Tuesday, Dec 9, 14 @ 3:25 pm
It’s time to drop this appeal all together. It is wasting tax payer money.
Time to get to work on a more realistic reform that is constitutional.
Comment by Very Fed Up Tuesday, Dec 9, 14 @ 3:26 pm
There’s a lot of pressure on the ISC to issue a definitive ruling that spells out the hard boundaries for a constitutional solution, but it is still possible they simply refuse to hear the case. In which case the lower court ruling still stands and it’s “try try again” for the ILGA and the new gov.
Comment by Six Degrees of Separation Tuesday, Dec 9, 14 @ 3:32 pm
Soccermom, apparently they’re conserving on punctuation.
I used to have a copywriter who tried to write radio scripts like that. I’d make him do a table read, and he’d almost pass out for lack of oxygen, lol.
Comment by Wordslinger Tuesday, Dec 9, 14 @ 3:33 pm
billable hours
Comment by Michelle Flaherty Tuesday, Dec 9, 14 @ 3:37 pm
I have no idea whether the ISC will grant the expedited schedule. I sure hope they don’t because the longer this case takes the better for state workers and retirees. The ISC should make sure Rauner and the legislature show their hands before it rules: will they, or will they not, try some pension holiday? If not and the pensions are funded according to current law, then maybe the ISC simply concurs in Belz’ ruling and leaves it at that. But if, given next year’s revenue crunch, the pension contributions are not fully made then perhaps the ISC goes further and in addition to striking down SB1, re-examines the whole funding/impairment issue.
Comment by Andy S. Tuesday, Dec 9, 14 @ 3:41 pm
=== Other states don’t allow their legislatures and executive branches to rob or ignore their pension systems.===
VMan, tell that to the people of Colorado.
Comment by Poster Tuesday, Dec 9, 14 @ 3:56 pm
@NIUprof2:38=Question, what is the real motive behind Lisa Madigan’s request?=
She wants her name to not be associated with SB1 as soon as possible. The case is lost and she knows it.
Comment by DuPage Tuesday, Dec 9, 14 @ 4:08 pm
The AG’s office should drop its appeal.
Comment by Yellow Dog Democrat Tuesday, Dec 9, 14 @ 4:11 pm
And as I said yesterday, rushing is not in the
Pension members interests.
Every month that passes I presume the pension deficit shrinks.
Comment by Yellow Dog Democrat Tuesday, Dec 9, 14 @ 4:13 pm
25 States have not expanded Medicaid via the ACA.
Because the long-term costs were too high.
Illinois should rescind its Medicaid expansion.
Comment by John L Tuesday, Dec 9, 14 @ 4:32 pm
@Word
=I don’t think any serious people ever believed SB1 would pass muster with the courts.=
For once, Word, we absolutely agree. The Dems simply didn’t want this as a campaign issue in November, but they also didn’t want to get real solutions to the problem.
The fact is that there’s gonna be a lot of pain on the public workers side (mostly for new employees and less money available for raises and bene’s after locals pick up partial pension costs) the local government and schools side (cost shifting to make them pay for too high salaries and excessive “gimmicks” to boost state pension liabilities) and the taxpayers side (I can’t see how the taxpayers aren’t going to have to ante up to solve this problem sustainably).
Telling people that they’re going to have to suffer to pay for their past electoral mistakes just before an election is not good campaign strategy.
I really think something constitutional will be done to address this by midyear. That’ll give enough time for the voting jamoches to forget who screwed em up and get used to the pain before the next election. Besides, the Dems in Illinois will show up in large numbers for the Dem POTUS candidate in 2016, and they’ll carry Madigan’s and Culleton’s people as well.
It was ever thus in Illinois.
Comment by Arizona Bob Tuesday, Dec 9, 14 @ 4:32 pm
And in the interest of shared sacrifice by all, retirement income should be taxed as well as the sacrifices mentioned above.
Comment by Enviro Tuesday, Dec 9, 14 @ 4:39 pm
John L, what would those costs be?
Comment by Wordslinger Tuesday, Dec 9, 14 @ 4:45 pm
Yep, it’s all moving so fast it makes your head spin, yes?
Don’t know if this missive helps them or hurts them. Do know they always prefer to error on the side of “send”.
Comment by A guy... Tuesday, Dec 9, 14 @ 4:59 pm
Why would anyone want to delay resolution? The unions’ brief is probably already written
Comment by Sue Tuesday, Dec 9, 14 @ 5:38 pm
Okay Okay I get you would prefer a slower schedule than what the AG requested. Our commenter YDD came up with some good political reasons yesterday for your desire for a later decision.
Why you would characterize her request as “unfair” speaks more to a desired victimhood image, than to any reasonable reality.
Comment by walker Tuesday, Dec 9, 14 @ 5:42 pm
Maybe a later ruling is desired because once Bruce is in office, our state will hum like a finely tuned engine. Tax rollback (more cash in everyone’s pockets), waste and corruption cleaned up so that will apparently free all kinds of money to be repaid into the pension funds. With all the shaking he’s going to do, surely some cash will shake out to repay the debts.
Comment by Anonymous Tuesday, Dec 9, 14 @ 6:24 pm
I really can’t see why anyone can’t understand the motivation here. The state, their opponent, is saying this must be an expedited ruling because it’s a crisis allowing police powers to unilaterally abrogate a contractual obligation, otherwise we wouldn’t ask for an expedited ruling.
The We Are One Coaltion, the state’s opponents, are saying there is no crisis, thus no possible basis for a police powers argument, and no need to deviate from the court’s normal timetable. Unless you feel that the ISC’s normal schedule unfairly drags things out, there’s nothing that is hard to understand about the Coalition’s contention that speeding up the schedule unfairly limits their time to adequately prepare a response to the state’s ludicrous contentions.
The crisis is political in nature, and is eminently solveble by the state although the solution is not politically palatable.
And I’m pretty sure the coalition isn’t concerned about whether their response will raise Rauner’s ire. He’s going to come at them full bore regardless of this response.
Comment by PublicServant Tuesday, Dec 9, 14 @ 6:42 pm
Quoting myself from yesterday:
“Mismanagement on your part does not constitute an emergency on our part …”
and — Cliff — from yesterday who had the last and best line on it:
“Underfunding pensions in Illinois since 1917…and now they are in a hurry …”
Comment by RNUG Tuesday, Dec 9, 14 @ 8:53 pm
Wordslinger–
“Medicaid spending will increase dramatically as the federal matching rate for the expansion population begins to drop. Adjusted for inflation, Medicaid spending has increased more than 250% since 1990.[7] Expanding Medicaid would cost states an additional $118 billion through 2023, according to a recent congressional report. The additional spending surely would crowd out funds for education, transportation, parks, public safety, and other vital state needs.”
From http://www.galen.org/topics/why-states-should-not-expand-medicaid/
Comment by John L Wednesday, Dec 10, 14 @ 3:20 am