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This just in… Judge denies Quinn request for stay pending appeal

Friday, Sep 27, 2013

* 11:01 am - From the Twitters…

*** UPDATE *** Sun-Times

-Republican Treasurer Dan Rutherford, a 2014 candidate for governor, joined the bi-partisan chorus of officeholders Friday calling on Gov. Pat Quinn to drop his appeal of a court decision that blocked the governor’s pension-driven bid to withhold legislative salaries.

“I think the judiciary has spoken. He should just let it be at rest,” Rutherford said in an interview in the Chicago Sun-Times Statehouse office. […]

“It really added a great deal of acidity in the waters between two co-equal branches of government, the executive and legislative. I just don’t see how this is going to enhance the ability to try to work together to help fix what Illinois needs to have fixed,” Rutherford said.

“The second thing is it also is a horrible precedent to set. At what point does a future governor say that he or she wants you to do something, and if you don’t general assembly, I’ll veto your salaries?” the treasurer said. “I just think it was a bad move.”

- Posted by Rich Miller        

  1. - Ron Burgundy - Friday, Sep 27, 13 @ 11:05 am:

    Looks like someone owes Judy an apology… don’t hold your breath.

  2. - PublicServant - Friday, Sep 27, 13 @ 11:08 am:

    Obey the state constitution. Pay your bills, and quit going through all the tortured contortions to try and wriggle out from under said bills. When you develop a plan to do that (hint: See Ralph Martire’s CTBA plan), then Illinois will lead the nation in Job Creation.

  3. - unclesam - Friday, Sep 27, 13 @ 11:13 am:

    To paraphrase “Fast N’ Loud” — Legislators got paid!

  4. - facts are stubborn things - Friday, Sep 27, 13 @ 11:14 am:

    It is one thing for PQ to appeal this ruling, but to want to not pay what is now owed saleries until the ISC hears the case is cruel and just outragous. I hope the legislature, who now have received what they are owed beacuse of the IL Constitution, now keep that in mind they deal with Pension reform. They wanted their pay (correctly so) based on Constitutional principles, so they should assure that retirees receive what they have been promised.

  5. - Chicago Cynic - Friday, Sep 27, 13 @ 11:28 am:

    Amen. Let’s move on. Appeal away PQ as it will cause no harm for the foreseeable future. By the time your appeal is heard, hopefully it will be a moot point anyway.

  6. - Brass Doors - Friday, Sep 27, 13 @ 11:29 am:

    Quinn will keep milking this as long as he can. It’s the only popular thing he has done as Governor.

    How bizarre that he spent his entire career talking like a lefty activist only to govern to the right of George Ryan. If a Republican attacked public pensions, unions, the environment, and public services the way Quinn has people would be calling him the new Scott Walker.

  7. - Formerly Known As... - Friday, Sep 27, 13 @ 11:30 am:

    Excellent and succinct point by Judge Cohen, as relayed by Karlinsky’s tweet.

  8. - Tired - Friday, Sep 27, 13 @ 11:32 am:

    Quinn and his band of misfits think they dont have to listen or follow any rukles- they just do whatever they want Not pay AFSME employees raisi\ed they earned- harasse exempot employees- a new govenor cant come too soon

  9. - Cassiopeia - Friday, Sep 27, 13 @ 11:33 am:

    Rutherford is looking more responsibly gubernatorial every day.

    Quinn has become a petulant child.

  10. - Stones - Friday, Sep 27, 13 @ 11:34 am:

    It strikes me that if PQ is as pure as he likes to portray himself he could voluntarily continue to forego his own paycheck or send it to charity despite the Court’s ruling.

  11. - olddog - Friday, Sep 27, 13 @ 11:35 am:

    Let him appeal. Hopefully we’ll get some case law out of it that makes sure no governor ever tries to pull the same stunt again.

  12. - Nearly Normal - Friday, Sep 27, 13 @ 11:35 am:

    OK, game over. Reboot.

  13. - LincolnLounger - Friday, Sep 27, 13 @ 11:35 am:

    How much time and money did he waste by trying to unilaterally eliminate the Regional Superintendents of Schools?

  14. - foster brooks - Friday, Sep 27, 13 @ 11:38 am:

    Uh oh gov Quinn you have a losing streak going lol

  15. - Bill White - Friday, Sep 27, 13 @ 11:40 am:

    === Let him appeal. Hopefully we’ll get some case law out of it that makes sure no governor ever tries to pull the same stunt again. ===

    Yes, the judiciary should nail this door shut, and no matter how terrific Judge Cohen has been, as a solitary trial judge, he lacks the authority to truly nail this door shut.

  16. - OneMan - Friday, Sep 27, 13 @ 11:42 am:

    JBT walks up to the podium repeats judge’s comment and drops mic…

  17. - Wensicia - Friday, Sep 27, 13 @ 11:45 am:

    ==Judge calls it “cynical”==

    That’s the nicest thing he could have said.

  18. - susiejones - Friday, Sep 27, 13 @ 11:45 am:

    let’s move on to more important things, Mr. Quinn; so tired of your grandstanding “for the people of Illinois.” well, I am a people and I would like you to govern the state, work the legislature to fix the deficit, pension reform, and stuff like that!

  19. - Tommydanger - Friday, Sep 27, 13 @ 11:46 am:

    Leading from behind Mr. Rutherford is no way to distinguish yourself from Governor Windsock.

  20. - A guy... - Friday, Sep 27, 13 @ 11:52 am:

    People can live with “Saved by the Judge” edict. Populist or not, it still resonates with common folk to see pols miss a paycheck, even temporarily. I’m not sure the tail of this hurricane still doesn’t benefit PQ. Interesting drama to say the least.

  21. - Joe Bidenopolous - Friday, Sep 27, 13 @ 12:07 pm:

    Y’all are being mean. Everyone knows our esteemed governor is a good and decent man, and that such an advocate wouldn’t think of stooping to illegalities and violating the Constitution to get what he wants. Obviously that alone should’ve informed the judge’s opinion.

  22. - reformer - Friday, Sep 27, 13 @ 12:12 pm:

    Legislators are getting their checks, but there is a benefit to an appeal: a more definitive opinion from a higher court slapping the governor’s hand. That could be an important precedent if the next governor’s initials are B.R.

  23. - anonymouse - Friday, Sep 27, 13 @ 12:17 pm:

    I seem to remember a week or two ago where some thought Judge Cohen to be an idiot for asking questions to clarify issues. Now that he gives an informed opinion that some like, he is no longer a clout driven hack but brilliant. Maybe people shouldn’t be so quick to judge a person based upon pegigree or uninformed opinion.

  24. - Joe Bidenopolous - Friday, Sep 27, 13 @ 12:19 pm:

    What I’m curious about is who is out there FOIA’ing the Administration to find out legal costs of the suit, and the Comptroller to determine the amount of interest.

    It might look untoward for a lawmaker of any stripe to get out there and soapbox about how much this escapade has cost the state so that s/he could get a paycheck, but it seems possible that some third-party out there might want to do it…maybe one in its own snit with the Gov. I’d say the R goober OR teams should do it, but I lack faith in their competency.

  25. - Oswego Willy - Friday, Sep 27, 13 @ 12:56 pm:

    ===“The governor violated the constitution. He had no right to do that despite his benevolent intent,” Cohen said===

    Sounds a bit like Balance of Power there, Tony Arnold …

    just sayin’…

  26. - Norseman - Friday, Sep 27, 13 @ 1:23 pm:

    Cohen made another correct ruling. Like others have said, it would be nice to see the Supremes affirm Cohen’s action for the precedent.

  27. - Rod - Friday, Sep 27, 13 @ 1:43 pm:

    I wonder what polling data the Governor is using to go forward with this appeal, because I can’t imagine any reasonably competent lawyers are advising his to press this appeal.

  28. - Demoralized - Friday, Sep 27, 13 @ 1:47 pm:


    I doubt you could get any information through a FOIA on the costs right now. Legal matters aren’t subject to FOIA, especially when it’s an active case.

  29. - Todd - Friday, Sep 27, 13 @ 2:50 pm:

    Two things. Quinn needs to go for the stay as to keep the veto in place for the upcoming veto session which arrives in 20 some ought days. If there is no veto, there is nothing to override. If the veto is in place, then the legislature has a time limit upon acting on it and this thing goes back and forth about the procedure, it wasn’t read in, it wasn’t valid, it is valid, they didn’t act, so it stays . . . . . . . .

    Point 2. The judge said:
    “Judge calls it “cynical” for @GovernorQuinn to ask lawmakers who have been harmed to stay in that position”

    So how is it that in this case, the harm cannot be perpetuated on those effected, but in the case of concealed carry, the state can continue to enforce a law ruled unconstitutional by both the State Supreme Court and the Federal Court of Appeals?

    If one is harmed, is not the other?

  30. - Michelle Flaherty - Friday, Sep 27, 13 @ 4:05 pm:

    He could always appeal to StarFleet high command.

  31. - Demoralized - Friday, Sep 27, 13 @ 4:39 pm:


    I have to admit I laughed a little at your comment attempting to link CC to this case. It’s like the Six Degrees of Kevin Bacon game. It all goes back to CC, man.

    You guys really need to give it a rest already. I like to sing a little song to my kids about patience when they get in a tizzy about something not happening as quickly as they want it to happen.

  32. - Todd - Friday, Sep 27, 13 @ 5:41 pm:

    D — its either a right or not. And the rights delayed are rights denied. if one is against the Constitution and needs to be remedied immediately, then so does the other.

    But I’ve been carrying and enjoying it.

    Cheers tot he weeksend, off to go shoot some zombies with #1 son. . .

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