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The Chicago way

Thursday, Jul 11, 2013 - Posted by Rich Miller

* House Speaker Michael Madigan denied today that he pressured anybody at Metra and said he withdrew a pay raise recommendation

House Speaker Michael Madigan is denying he pressured ousted Metra CEO Alex Clifford to give an employee a raise, according to a statement released this morning.

The speaker’s statement was released minutes before a House committee hearing on Clifford’s controversial severance package. Clifford received the parting deal after accusing the board of retaliating against him for pushing back against pressure to provide patronage jobs and contracts.

Madigan said he recommended in March 2012 that the employee, Patrick Ward, receive a merit adjustment based on his education level and job performance.

The speaker said the employee’s supervisor expressed concerns about such a request coming from Madigan’s office. “Upon learning of this, the recommendation was withdrawn,” the speaker said in a statement.

There are quite a few contributions from Ward to Madigan’s various political operations, but nothing huge.

* Meanwhile, retiring Chicago Ald. Dick Mell appears to be doing his best to grease the skids to appoint his daughter, Rep. Deb Mell, to his seat. The latest development is the decision by the chairman of the City Council’s Hispanic Caucus to not send a letter to Mayor Rahm Emanuel asking that he replace Mell with a Latino…

Ald. Danny Solis (25th) said the eight Hispanic aldermen who comprise the caucus’ executive committee are evenly divided on the issue of pressuring the mayor, given their respect for Dick Mell and their admiration for his daughter, State Rep. Deb Mell (D-Chicago), who remains the odds-on favorite to fill her father’s City Council seat.

“I’m one of the four who doesn’t think it’s a good idea, considering who Dick Mell is, the qualifications of Deb Mell, the fact the 33rd ward is 51 percent Hispanic and the fact we’ll be getting a Hispanic state representative to replace Deb Mell” if the mayor chooses her to replace her retiring father, Solis said.

Getting a Latino legislator would be a nice benefit. More

After announcing his retirement last week, Richard Mell talked about installing his Hispanic aldermanic aide Jaime Andrade to replace Deb Mell in the Il. House. But, Solis said the retiring alderman mentioned no specific candidates during his meeting with the Hispanic Caucus.

* And Mayor Emanuel seems more than open to the appointment

“State Rep. Deb Mell is not guaranteed the job because her last name is Deb Mell. And State Rep. Deb Mell is not excluded from the job because her last name is Mell,” the mayor said.

“State Rep. Deb Mell is not guaranteed a job in City Council because she would be the first [openly] lesbian [alderman] or because she had breast cancer. But, she’s not excluded because she would be the first lesbian and the first woman, as [far as] I know, that has breast cancer. I remind all of you [that] she was endorsed by both papers when she ran for state rep.”

  89 Comments      


Question of the day

Thursday, Jul 11, 2013 - Posted by Rich Miller

* Bill Daley is apparently on a Downstate tour and stopped at the Belleville News-Democrat for a chat

“I know politics, I’ve been around it, I know how difficult it is, how crazy it can be,” Daley said Wednesday during a visit to the BND, which constituted a break from a long road trip he’s taking around Southern Illinois with his wife Bernadette Keller, who goes by the nickname Bernie. […]

Daley acknowledged that metro-east voters might have good reason to feel suspicious about another Chicago-area politician seeking their votes.

“All I can ask and all I can hope for is that people will give me a chance to first get to know me and get to listen to my ideas and my suggestions, who I’m about and whatever I’ve done,” Daley said. “Hopefully, they will give me that chance.”

* Video

* The accompanying photo

* The Question: Caption?

  89 Comments      


The real issue lost in the din

Thursday, Jul 11, 2013 - Posted by Rich Miller

* I don’t necessarily agree with Bill Daley, but he made a valid point with his criticism of Gov. Pat Quinn’s veto of legislative salaries due to the lack of pension reform progress

“The worst thing is that they come up with some political deal, that really has not been run through the numbers, but they do a Band-Aid (approach) and everybody gets the heck out of town and pretends they’ve solved the problem. That’s the worst scenario,” Daley said

* As I’ve been reporting for a while now, Quinn’s own actuarial analysis on his proposals (subscribe for more info) won’t even be completed until maybe tomorrow at the earliest - two days after his populist veto. The pension conference committee has decided on a framework and has submitted several proposals for actuarial analysis, but they won’t be completed for weeks.

In public, the governor demanded that the GA take action Tuesday. In private, he submitted an alternative plan that wasn’t even vetted yet. His staff also engaged in talks on a new plan that won’t be vetted for weeks.

Set aside all the heated rhetoric on both sides. The heart of the matter is that this move was fundamentally dishonest grandstanding. And that’s what makes it so Blagojevichian. Sure, it’s popular with goofballs like the Tribune editorial board

Quinn has tried everything to get them to pass a solution.

Yeah. OK. Right.

Give me a break.

* The general public surely loves this because legislators are even more unpopular than the governor. And lots of haters will relish the schadenfreude of watching legislators whine about not getting paid.

* But what the Tribune and others out there either ignore or fail to understand is that the governor clearly back-stabbed the pension reform conference committee, which was making a good faith effort to finally bring some resolution to this problem. He chose the path of Rod to the path of governance. And that disgusts people who are doing some difficult and hard work like Sen. Kwame Raoul

“[Quinn] knows [the conference committee] very well may come up with a product the General Assembly could take up this summer. What it can be made to look like is we failed his deadline until he took this action to suspend our pay and because he took this action, we got it done,” Raoul said.

“It’s made to look like he merits some credit for getting it done, when in fact he’s not rolling his sleeves up and getting it to the table. He ought not get credit for the work that we’re doing,” Raoul said.

Agreed.

…Adding… The SJ-R editorial board gets it

Legislators are making progress, even if it’s not happening as fast as Quinn and others would like. For the state’s chief executive to stomp his feet and hold his breath in this way is silly, shortsighted and harkens back to the kind of ham-handed tactics of a previous Illinois governor who became a laughingstock.

In the same way that legislators are trying to be mindful of fairness to pensioners and current state workers, the governor must remember to be fair to legislators, who now seem to be trying hard to achieve a workable reform plan for Illinois.

* Related…

* Brown: Quinn, the candidate, should cede the stage to Quinn, the statesman

* Sneed: Gov. Quinn’s paycheck play a political setback — or comeback?

* Zorn: Quinn’s salary grab: Clever gambit or impotent, unconstitutional grandstanding?

* Hinz: Quinn makes shrewd political move freezing lawmakers’ pay

* VIDEO: State Representative Mike Bost on Salary Freeze, Pensions

  28 Comments      


*** UPDATED x2 *** * This just in…

Thursday, Jul 11, 2013 - Posted by Rich Miller

* 9:58 am - The Illinois Supreme Court has ruled that the state’s parental notification of abortion law is constitutional. Read the opinion here.

React in a bit.

*** UPDATE *** From Terry Cosgrove at Personal PAC…

“Today is a dark day for the young women of Illinois. There are thousands of at risk young women who face dangers in their homes from incest, violence, drug and alcohol addiction, mental illness, and abusive parents. Under this law, these vulnerable and terrorized teenagers now will be required to inform their parents, many of whom are absent, that they are seeking an abortion and then to face the consequences, whatever they may be. Today’s decision by the Illinois Supreme Court is nothing short of heartless and cruel, and will subject many of the most vulnerable women and girls of our society to countless risks to their health and safety. With this decision, Illinois has moved in the direction of right wing states like Texas, Ohio and Wisconsin, which are doing everything possible to abolish access to a safe and legal medical procedure. Personal PAC is committed to raising and spending whatever money necessary to elect enough pro-choice Senators and Representatives, as well as a pro-choice Governor, to repeal this devastating law. Illinois needs our Wendy Davis’–brave Senators and Representatives in the Illinois General Assembly who will act to correct this terrible injustice.”

* From Planned Parenthood…

We are disappointed by the Illinois Supreme Court’s decision to dismiss a lawsuit challenging the Illinois Parental Notice of Abortion Act of 1995.

While we believe the Illinois Parental Notice of Abortion Act puts the health and safety of teens at unnecessary risk, Planned Parenthood of Illinois is committed to doing everything we can to make this new process as easy as possible for teens if the law goes into effect.

Planned Parenthood agrees that in an ideal world, parents would be involved in their teens’ health care and engaged in healthy dialogue around responsible decision making. Most teens seek their parents’ advice and counsel when making decisions about their health care. But in some cases, safe and open communication is not possible. In those cases, research shows mandatory parental notice laws do not enhance parent-teen communication. Rather, they can be harmful to teens’ health and well-being. The focus should be on giving teens the information they need to make responsible decisions and continue to encourage healthy family communication, not erecting barriers to critical health care services.

Awaiting more responses. Stay tuned.

*** UPDATE 2 *** Thomas More Society…

Illinois’ long-delayed Parental Notice of Abortion Act will finally go into effect within a matter of days thanks to the Illinois Supreme Court’s unanimous ruling this morning that the law does not violate the Illinois Constitution. Under the Illinois law, passed in 1995 but never put into effect, a parent or guardian must be notified at least 48 hours before a child under the age of 18 undergoes an abortion.

“This is a huge victory for the rights of parents not only in Illinois but in all Midwestern states,” said Tom Brejcha, President and Chief Counsel of the Thomas More Society.

The Supreme Court’s decision represents the successful culmination of an almost nine-year effort by Thomas More Society special counsel, constitutional scholar Paul Linton, to have the law enforced. Linton met with Illinois pro-life leaders at the end of 2004 to develop a strategy for reviving the parental notice law, which had languished in legal limbo for many years because the Illinois Supreme Court declined in 1995 to adopt a needed rule for confidential “bypass” hearings and expedited appeals for minor girls who were either deemed “mature” or made credible claims of family abuse. For lack of that rule, federal courts held the law to be unconstitutional and enjoined its enforcement in February 1996. Linton and several pro-life leaders enlisted then-DuPage County State’s Attorney Joe Birkett to assist in the effort. In 2006 Birkett and the Thomas More Society petitioned the Illinois Supreme Court to adopt the needed procedural rule. Shortly thereafter the Supreme Court adopted the rule needed to put the law into effect.

The American Civil Liberties Union fought against the law, despite the new rule, on other federal constitutional grounds. The Thomas More Society was involved in the litigation when Peter Breen, then its Executive Director and Legal Counsel, recruited two downstate State’s Attorneys to intervene in the case to ensure a vigorous defense for the law in the state and federal courts. The ACLU ultimately lost their final federal challenge before the Seventh Circuit Court of Appeals in Chicago in July 2009. Yet, a day before the parental notice law was to go into effect in late 2009, the ACLU filed a new state court lawsuit claiming the statute violated the Illinois Constitution of 1970. The state trial court rejected ACLU’s suit, but the Appellate Court reversed and sent the case back down to the trial court for further proceedings. Both the Attorney General and the Thomas More Society then filed petitions for review by the Illinois Supreme Court. Both petitions were granted in November 2011. Linton, author of a widely acclaimed legal treatise Abortion Under State Constitutions, authored the Thomas More Society’s friend-of-the-court brief on behalf of over twenty Illinois State’s Attorneys in defending parental notice. Linton also orally argued in defense of the law before the Supreme Court on behalf of the two State’s Attorneys who had attempted to intervene in the case to bolster defense of the law.

The ACLU’s repeated challenges to the constitutionality of the Illinois parental notice law had resulted in Illinois becoming a “fugitive” abortion state – a “dumping ground” for out-of-state minors’ abortions. Until now, Illinois was the only Midwest state without a parental notice or consent law in effect. This allowed thousands of abortions to be performed in Illinois on non-resident minors who crossed state lines, often accompanied by the adults who impregnated them, to evade their own state’s parental notice or consent laws.

* Catholic Conference of Illinois…

The Catholic Conference of Illinois applauds today’s unanimous Illinois Supreme Court ruling clearing the way for a 1995 parental notification of abortion law to finally be implemented.

State lawmakers approved the legislation requiring that a parent or legal guardian be notified when a minor seeks an abortion in order to protect our children from making a life-or-death decision on their own. The measure includes a waiver for those children who have been physically or sexually abused.

Special interests and legal wranglings barred the law from taking effect for 18 years, setting up the state as an abortion haven for children from surrounding states, which already have parental notification laws in place.

“With this ruling, parents across the state and the Midwest can breathe a sigh of relief with the knowledge that state law finally allows them to fully parent their children, and safeguard their lives and those of the unborn,” said Robert Gilligan, executive director of the Catholic Conference of Illinois.

Gilligan noted the decision cited other court rulings that recognize minors often lack the maturity, experience and judgment to distinguish harmful choices, as well as observing that juvenile justice systems exist for those very reasons.

The Catholic Conference of Illinois strongly supported the original legislation, lent its support to defeating the legal challenges to the law, and fought off subsequent legislative efforts to undermine the role of parents.

  38 Comments      


Second thoughts

Thursday, Jul 11, 2013 - Posted by Rich Miller

* Gov. Pat Quinn was slammed hard for populist pandering and over-reachoing on his concealed carry amendatory veto. The criticisms were mostly on point.

However, think about something for a moment. Quinn’s AV did not insert language to make it a “may issue” bill. Quinn spent a lot of time this year insisting that local governments ought to decide who could carry concealed firearms. Yet he conceded significant ground to the NRA and its allies by accepting a “shall issue” law.

The only local control Quinn included was language about letting home rule units pass their own assault weapons bans. But that meant a whole host of other gun control ordinances, including Chicago’s gun registry, would be immediately legislated out of existence.

* The proposal as passed allows concealed carry in churches, unless churches post a sign prohibiting it. Quinn didn’t touch on that matter in his AV even though he spent a ton of time railing against the bill in churches during the week between his veto and the override.

* His AV didn’t address Sheriff Tom Dart’s objections, either

Dart said a provision giving his office 30 days to conduct background checks on anyone applying for a concealed carry permit in Cook County is a joke.

“I have absolutely no idea how we can comply with any type of process that’s going to fairly evaluate any of these people who are applying. I don’t know how,” he said.

What I’m saying is that Quinn, for all his faults, for all his populist bloviating, for all of his over-reaches, came a very long way on concealed carry. David Axelrod called Quinn’s amendatory veto “modest and sensible.” The changes were certainly modest, considering how far the governor could’ve gone.

* Unfortunately for him, Quinn’s somewhat reasonable behavior (in relation to what he could’ve done) has given Mayor Bloomberg - who has endorsed Bill Daley - a clear opening to attack the governor for being “soft” on gun control. Yeah, it may be a stretch, but Bloomberg would have the facts on his side.

Ironic, no?

* Related…

* Gun owners ask courts to allow immediate ability to carry firearms in public

* Immediate concealed-carry right sought

* IL grapples with implementing conceal-carry law

* Gun charge dismissed after concealed-carry vote

  33 Comments      


Quinn defends veto’s constitutionality

Thursday, Jul 11, 2013 - Posted by Rich Miller

* Dave Ormsby quoted Gov. Pat Quinn’s spokesperson Brooke Anderson last night on the constitutionality of yesterday’s line item-veto of legislative salaries

“Article IV, Section 9(d) of the Illinois Constitution authorizes the Governor to reduce or veto any item of appropriations in a bill presented to him. Quinn v. Donnewald confirms that such authority extends to the line item veto of the salaries of State officials, including legislators.

“Like other State expenditures, the payment of the General Assembly is subject to appropriation. The governor has a constitutional right to apply his line-item veto to appropriation bills, and that’s exactly what he did today.”

The Quinn v. Donnewald decision is here.

* I’ve also been told that since the General Assembly has the option and the power to override the veto, then this case would be unlike Jorgensen v. Blagojevich, which found that eliminating judicial cost of living increases was unconstitutional.

And since the General Assembly has not yet attempted to override the veto, there’s also, I’m told, an issue of ripeness.

* As we discussed yesterday, the attorney general’s office is looking into the matter

Illinois Attorney General Lisa Madigan said no one has formally sought an opinion on Quinn’s move yet, though a spokeswoman acknowledged late Wednesday that her office had “talked informally with the Comptroller’s office about questions pertaining to today’s actions.”

Topinka spokesman Brad Hahn told the Chicago Sun-Times the review would be undertaken by lawyers within Topinka’s office.

In a statement Lisa Madigan issued Wednesday the three-term attorney general echoed Topinka’s qualms about the constitutionality of Quinn’s move.

“The Governor’s actions raise a series of constitutional and procedural issues that have never been resolved by the courts,” said spokeswoman Natalie Bauer. “We’re looking closely at them.”

* Sen. Raoul wants to see a court challenge, but it won’t be him

State Sen. Kwame Raoul (D-Chicago), who leads a 10-member conference committee sought by Quinn to draw up a pension compromise, also said he would like to see someone in the Legislature go to court to challenge Quinn’s “illegal” maneuver in “punishing folks, who may well have supported what he supported.” […]

But Raoul, a potential candidate for attorney general if Attorney General Lisa Madigan runs against Quinn, said it would not be him doing it. “I don’t want to give his action any more visibility and credence than it deserves,” he said.

Obviously, suing over this would be a political hot potato for the plaintiff. Former Sen. Denny Jacobs probably would’ve had the guts to do it, but he was infamous for that stuff and untouchable back home.

  86 Comments      


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Thursday, Jul 11, 2013 - Posted by Rich Miller

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