* From the We Are One Coalition…
Today, the Sangamon County Circuit Court decided it would take up first the motions filed by the We Are One Illinois coalition and other plaintiffs who argue that the Pension Protection Clause renders SB1 unconstitutional. At today’s status hearing, the Court stated its belief that the Plaintiffs’ motions, if granted, will resolve the question of whether SB1 is constitutional. The Court directed the Plaintiffs to file their replies in support of their motions by October 31 and set argument for November 20 at 1:30 p.m.
The following statement may be attributed to We Are One Illinois:
“As we have always maintained and the recent Kanerva decision confirms, the pension protection clause of the Illinois Constitution is absolute and without exception. There is no merit to the State’s purported justification for the unconstitutional diminishments and impairments that SB1 imposes. We are hopeful for a swift resolution in the plaintiffs’ favor, so that we can work with legislators willing to develop a fair—and legal—solution to our state’s challenges, together.”
“There are three motions pending saying that the reserve sovereign powers as alleged by the state is not a defense in this case,” said Springfield attorney Don Craven, who filed one of the multiple lawsuits attempting to have the pension reform law declared unconstitutional. “The court agreed to take those matters up first. If we are right, and the reserve sovereign powers doesn’t work, this case will be over.”
At least at the circuit court level. Both sides agree the matter will eventually be decided by the state Supreme Court.