Capitol Fax.com - Your Illinois News Radar » Remap group demands rehearing
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Remap group demands rehearing

Wednesday, Aug 31, 2016

* Press release…

The Independent Maps coalition on Wednesday filed a petition asking the Illinois Supreme Court to reconsider its recent ruling denying voters the ability to vote this November on the proposed constitutional amendment to require a transparent, impartial and fair process of drawing legislative maps.

By a 4 to 3 party line division, the Supreme Court ruled that the Independent Map Amendment is not in line with the Illinois Constitution’s requirement for amendments proposed by voters. Under the Supreme Court’s rules, Independent Maps has the right to point out argument the majority of the Court overlooked or misapprehended and to ask it to reconsider its ruling and its reasoning. Four votes are required to grant rehearing.

“We believe the four justices in the majority were wrong and inconsistent in their reasoning and would reach a different conclusion if they consider, as they have in all other similar cases, the legislative debates from the 1969-70 constitutional convention,” said Dennis FitzSimons, Chair of Independent Maps. “More than 563,000 Illinois voters signed Independent Map Amendment petitions, and we owe it to them and thousands of volunteers across the state to make every possible effort to convince the Court that the amendment deserves to be placed before voters in November.”

The petition includes the following arguments in favor of a rehearing:

    Ø The four justices in the majority said that their decision was compelled by the “plain language” of the Illinois Constitution, which states that voters can propose a constitutional amendment only if the amendment is “limited to structural and procedural subjects contained in” the article dealing with the legislature. However, the majority completely ignored Independent Maps’ “plain language” argument explaining why the amendment meets that requirement. Because each provision in the proposed amendment is limited to redistricting and because redistricting is a “structural and procedural subject,” there should be no doubt that the amendment is properly limited to a “structural and procedural subject.”

    Ø Even if the majority’s strained construction of “structural and procedural” is one reasonable way to look at that section, the interpretation by Independent Maps is reasonable, too. That means that the constitutional provision is at least ambiguous and the court must look to the legislative history to decide which interpretation the framers intended. The four justices in the majority ignored the legislative history, which clearly indicates that redistricting is one of the “critical” areas the framers had in mind when they created the provision allowing voters to propose amendments to the constitution. “They ignored the debates during the constitutional convention, which show that the ‘limited to’ language was designed to prevent initiatives from being used as a subterfuge to address controversial subjects like taxes, abortion and the death penalty,” FitzSimons said. “Our amendment does exactly what the framers intended to allow citizens to do – propose meaningful redistricting reform. The majority’s refusal even to consider the legislative history is unprecedented in cases like this.”

    Ø At a minimum, the Supreme Court should reconsider its ruling that a citizen-initiated amendment cannot include the Auditor General as a participant in the redistricting process, and it should reconsider its decision to postpone for another day any discussion of the other issues plaintiffs prevailed on in the trial court. Because the majority opinion is limited to a single issue, it fails to provide the citizens of Illinois with any guidance about whether a redistricting initiative is even permissible, let alone guidance about what the permissible contours of such an initiative would be.

“The majority opinion is inconsistent,” FitzSimons said. “At one point, it says that the Auditor General can’t be involved because that office is not now part of the legislative article of the constitution, but at another point, it suggests a redistricting initiative could use a non-legislative actor to help select a redistricting commission. Which is it? Without clear guidance, no one will be willing to invest the time, effort and money necessary to put a genuine redistricting reform initiative on the ballot.”

The link accompanying the press release for the full petition for reconsideration is here, but it’s not working as I write this.

- Posted by Rich Miller        

24 Comments
  1. - anon - Wednesday, Aug 31, 16 @ 10:12 am:

    If the Democratic majority is in fact, as critics contend, bound and determined to prevent any GOP-backed initiative from reachng the ballot, then that same majority won’t be willing to provide a roadmap about how to get such an initiative on the ballot.


  2. - Oswego Willy - Wednesday, Aug 31, 16 @ 10:13 am:

    ===More than 563,000 Illinois voters signed Independent Map Amendment…===

    The number of signatures isn’t compelling enough if the language itself doesn’t pass constitutional muster.

    What, if something gets over 562,999 signatures, no matter the legal ground, it should be… considered?

    Ugh.

    Argue with legality not arbitrary benchmarks that have no legal standing.


  3. - argh - Wednesday, Aug 31, 16 @ 10:13 am:

    Yet more evidence this is nothing more than a political stunt.


  4. - argh - Wednesday, Aug 31, 16 @ 10:15 am:

    Oswego Willy is right. They’ve spent more than $500,000 in legal bills and their lawyers can’t come up with an actual legal argument.


  5. - Ghost - Wednesday, Aug 31, 16 @ 10:19 am:

    The use of press releases and political insults about party biasis has paved the way for this rehearing….. much like spitting on your neighbor before asking to borrow their mower.


  6. - Ron Burgundy - Wednesday, Aug 31, 16 @ 10:22 am:

    - “At one point, it says that the Auditor General can’t be involved because that office is not now part of the legislative article of the constitution, but at another point, it suggests a redistricting initiative could use a non-legislative actor to help select a redistricting commission. Which is it?”-

    I’d have to go back and look for this, but if it is accurate it’s a fair question. This petition will be denied, however, so don’t expect an answer.


  7. - Gruntled University Employee - Wednesday, Aug 31, 16 @ 10:26 am:

    I object!

    Judge: Overruled

    Then I Strenuously Object!!


  8. - Dee Lay - Wednesday, Aug 31, 16 @ 10:27 am:

    It must be hard to wash that rauner stink off at the end of the day. Good lord what a crock of baloney.

    “Because the majority opinion is limited to a single issue, it fails to provide the citizens of Illinois with any guidance about whether a redistricting initiative is even permissible, let alone guidance about what the permissible contours of such an initiative would be.”

    If only you read the previous roadmap, you wouldn’t be here now. Here, let me Google that for you: https://www.brennancenter.org/sites/default/files/legal-work/Clark_v_IL_BOE_2014.pdf


  9. - Michelle Flaherty - Wednesday, Aug 31, 16 @ 10:33 am:

    but, but, but we’re reformers!


  10. - anon - Wednesday, Aug 31, 16 @ 10:46 am:

    So why did the independnent map group ignore the roadmap Judge Mikva provided them two years ago? Perhaps blaming partisanship for the loss is easier than answering my question.


  11. - phocion - Wednesday, Aug 31, 16 @ 10:46 am:

    Dee Lay, the “roadmap” you reference was penned by a Cook County Circuit Court Judge. There is no assurance that the Illinois Supreme Court would concur with her recommendation.

    It’s fair to ask the Court for guidance, as the Court in its opinion appeared to suggest that there is a constitutionally permissible way to alter the manner in which legislative districts are drawn. If there really isn’t, the Court should have said so. If there is, the Court needs to let the people in on it. But they won’t.


  12. - interesting - Wednesday, Aug 31, 16 @ 10:56 am:

    ==- phocion - Wednesday, Aug 31, 16 @ 10:46 am:

    Dee Lay, the “roadmap” you reference was penned by a Cook County Circuit Court Judge. There is no assurance that the Illinois Supreme Court would concur with her recommendation.

    It’s fair to ask the Court for guidance, as the Court in its opinion appeared to suggest that there is a constitutionally permissible way to alter the manner in which legislative districts are drawn. If there really isn’t, the Court should have said so. If there is, the Court needs to let the people in on it. But they won’t. ==

    That’s not the role of a court. They don’t give advisory opinions.


  13. - Chicago Cynic - Wednesday, Aug 31, 16 @ 11:02 am:

    Gruntled is right. This is just “I strenuously object!” Yea, that ought to work. Why did they waste their time.


  14. - phocion - Wednesday, Aug 31, 16 @ 11:07 am:

    interesting,
    How long have you practiced law? Courts regularly give the sort of guidance sought by the petitioners. A court won’t, however, give an actual opinion on a case unless the matter is before the court. In fact the majority opinion noted that it was possible for the Court to render some guidance, but expressly chose not to. “…, we need not consider the remaining arguments on appeal, including the parties’ invitation to determine whether any hypothetical ballot initiative addressing the redistricting process could be constitutional. Accordingly, we leave that question for another day.”

    Perhaps you were confused, interesting.


  15. - phocion - Wednesday, Aug 31, 16 @ 11:15 am:

    One more thing, interesting. If it’s “not the role of the court” to provide the sort of direction the Fair Map folks are seeking, how does that square with Judge Mikva’s roadmap in her opinion?


  16. - sloman2001 - Wednesday, Aug 31, 16 @ 11:33 am:

    I guess the words “of the people, by the people, and for the people” means nothing in Illinois. It is “of the politicians, for the politicians, and by the politicians”. Just another reason people leave Illinois.


  17. - walker - Wednesday, Aug 31, 16 @ 11:41 am:

    They want a rehearing because the majority opinion apparently did not “apprehend” the arguments they made the first time around? Huh?

    This is a face-saving move, to show their constituents they really thought they had a winnable case. Agree they presented a legitimate argument, but it was heard and did not prevail.


  18. - Chicago_Downstater - Wednesday, Aug 31, 16 @ 1:14 pm:

    @phocion

    They were given a “road map” by a lower court and completely ignored it. Since giving such guidance is optional and the plaintiff has already demonstrated an unwillingness to follow advisory opinions, I see nothing wrong with the Court not issuing another “road map.”

    Now if the plaintiff had followed Judge Mikva’s advice and the language was still struck down by the Court, then I’d expect a new advisory opinion. But, as it stands, I file this under the plaintiff showed contempt for judicial advice in the past and is reaping their reward in the present.


  19. - Interesting - Wednesday, Aug 31, 16 @ 2:38 pm:

    @phocion: Illinois courts do not render advisory opinions to guide future litigation. It’s been the rule of law in Illinois since its inception. Pointing to Mikva’s opinion doesn’t make it proper. With all due respect to her, she’s a circuit court judge who ruling on a very public issue. Her remarks were nothing more than her view. Her “roadmap” was dicta and has no precedential value.

    To my point, the $1000 an hour lawyers at Mayer know all of this.


  20. - lake county democrat - Wednesday, Aug 31, 16 @ 2:56 pm:

    Motions for reconsideration are hopeless - nearly every one is frivolous.

    There was no “road map” - the Supreme Court didn’t adopt Mikva’s arguments against Kasper from the last case, they refused to rule of them, allowing them to use those arguments to invalidate the next petition should there be one.


  21. - lake county democrat - Wednesday, Aug 31, 16 @ 2:59 pm:

    Her Article IV ruling - which I can find no legal commentator who agreed with at the time or agrees with now that the IL Supreme Court - who avoided ruling on it before by running out the clock - adopted it. You can say it was dumb not to avoid it, but the majority has acted so partisan for over 4 years now that you can tell it wouldn’t have made a difference.


  22. - Norseman - Wednesday, Aug 31, 16 @ 3:07 pm:

    Gruntled University Employee, hat tip. The first thing that popped into my head, but you beat me to it.


  23. - Ask the professor - Wednesday, Aug 31, 16 @ 6:47 pm:

    Maybe in between AMAJ articles, POTUS can weigh in on why his State of The Union injunction was ignored by his own State’s SC Justices.


  24. - Norseman - Wednesday, Aug 31, 16 @ 6:52 pm:

    Maybe you should should ask the professor to explain the difference between federal and state law and authority.


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - ICPR responds again
* Rauner says "left-leaning" Chicago press is "plenty biased"
* Keep your trackers out of taverns
* "If any region should feel alienated from state government, it's the suburbanites"
* Democratic legislator files resolution condemning "scofflaw counties"
* Rauner ad gets it wrong, but Pritzker needs to end his silence
* Just a small critique
* Are the Democrats unified?
* Buttigieg delivered the best zinger of the day
* White vows to finish out sixth term
* Rauner to return to Quincy Veterans Home this weekend
* *** LIVE COVERAGE ***
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

...............
<


Loading


* Dems Vow Down-Ballot Effort, Red-State Reach..
* Charges withdrawn against disbarred lawyer, for.....
* Rauner paying no attention to issues..
* Democrats bash Rauner at Illinois State Fair..
* Illinois Democrats, minus Biden, boost election.....
* Democrats Fire Up Their Base at Annual State Fa.....
* The White family rodeo life passes through gene.....
* Rauner Campaign launches Snapchat filter for De.....
* Decatur motorist accused in 2 fatal crashes to .....
* Illinois Democrats say downstate counties can g.....


* Evangelicals confront sex abuse problems in #MeToo era
* Illinois oil refinery to upgrade in pollution settlement
* US Steel to invest $750M in Gary Works plant in Indiana
* Teen dies in shooting outside Chicago basketball game
* Storm hits Illinois State Fairgrounds, cancelling concert
* This dance team’s photos with a police vehicle ‘crossed the line,’ Illinois superintendent says
* Man sentenced to 12 years for Illinois officer’s crash death
* Next mission for women with military service: Run for office
* Charges dropped against brother of man killed by police
* Law requires gas-leak notification for water protection

* Davis staffer arrested after altercation at Londrigan fundraiser
* Illinois Democrats say downstate counties can go their way
* Rauner appoints GOP official Shaw to retirement board
* Illinois Democrats talk of importance of fall elections
* AP fact check: No Pritzker plan to increase taxes 26 percent
* Rauner: 2018 election is 'one of most important' in Illinois history
* Rauner, Republicans go after Madigan, taxes
* Joe Biden ill, cancels trip to Springfield
* Rauner makes changes to bill on Medicaid eligibility backlog

* DuPage pushes fight for O'Hare western terminal
* United sheds punching-bag status with biggest U.S. airline rally
* Northern Trust looks to get into crypto custody
* Redbox gears up for its first major ad campaign
* Whither the Kraft Heinz ketchup packet?


* Amid turmoil, USA Gymnastics takes tiny steps forward after Larry Nassar scandal
* ‘Alpha’: Prehistoric adventure done in by some dubious derring-do
* Trump calls Manafort a ‘good person,’ as jury deliberates
* Trump warns Turkey: ‘We are not going to take it sitting down’
* Family of woman killed by Ohio Street tunnel never told man briefly was charged
* Madonna, just turned 60, has the audacity to remain in the spotlight
* Friday thunderstorms will give way to sunny skies in time for Air & Water Show
* American Book Awards given to honor works reflecting nation’s cultural diversity
* Nicole Kidman both a singer and a spark on Keith Urban album
* Chinook, Bubbly Creek, wilder/livelier Lake Michigan: WWW Chicago outdoors


* Chicago Air and Water Show 2018: Where to watch, how to get there and the planes you'll see
* Photos from '68: The riots and politics that took over Chicago
* Bella Bacinos leaving Wacker Drive after 36 years; owners looking for new spot
* Anthony Rizzo's staredown with Pedro Strop was a mind-meld moment
* Man charged with spray painting Nazi flags, anti-Semitic graffiti on Indiana synagogue
* Two indicted in Lake Villa beating death; victim's sister remembers 'a really good guy'
* Roquan Smith and offensive fireworks: 4 things to watch for in the Bears-Broncos exhibition game
* Man serving life without parole in Sumava Resorts triple murder appeals
* Is this Chicago's toughest reservation? Middle Eastern-style fare reigns at crazy-popular Aba
* Lansing prepares to settle lawsuit over off-duty cop caught on video restraining, threatening black teen


» #664 Remembering Aretha Franklin
» Dems Vow Down-Ballot Effort, Red-State Reach
» Aug. 16, 2018 - Full Show
» Live From The State Fair: Ag, Food, Entertainment, And President Lincoln
» WBEZ Remembers Aretha Franklin, Queen Of Soul Dead At 76
» Demand High For Half Of Chicago’s High Schools While 10 Schools Get Few Applicants
» Republicans Tout Unity After Divisive Primary, Challenging General Election Ahead
» Fake Weed: The Danger And The Appeal
» Aug. 15, 2018 - Full Show
» ‘South Side’ Workplace Sitcom Shows Breadth Of Blackness


* Counterpoint: It's another Trump idea that belongs on a Hollywood launch pad
* Point: Space Force, done right, will move US ahead
* Eugene Robinson: All hail the queen
* Our View: An unfortunate political encounter
* Davis staffer arrested after altercation at Londrigan fundraiser
* Illinois Democrats say downstate counties can go their way
* Rauner appoints GOP official Shaw to retirement board
* Illinois Democrats talk of importance of fall elections
* AP fact check: No Pritzker plan to increase taxes 26 percent
* Rauner: 2018 election is 'one of most important' in Illinois history


* Art Tate given reprimand for violating ethics code
* Pantagraph publisher to lead Berkshire Hathaway media group
* Driver says no Stag was in his truck after fatal wrong-way crash; wants evidence tossed
* LISTEN: Bradley University spokesperson Renee Charles
* Update: Police allow students to leave after lockdown at United Township High School
* Hoopeston Area OKs tentative budget
* Man released from jail after five months as prosecutors drop child sex assault charge
* Today's chat: College hockey in C-U
* Are you on the list? Macon County circuit clerk might have your money
* More rain ahead; cooler, less humid days to follow


* Why the rabbit population is peaking
* Wasps are beautiful but deadly in the bug world
* Three cars stolen from Lake Zurich subdivisions since July
* Illinois oil refinery to upgrade in pollution settlement
* What we're watching today: Ariana Grande's amazing voice in Carpool Karaoke

* Davis staffer arrested after altercation a...
* Shelbyville manufacturer's expansion r...
* America's Largest Veterans Group Rains...
* Brevities for August 19, 2018
* Thousands of Medicaid enrollees could lose...
* House Republicans in Tough Races Play Up E...
* Pakistan Independence Day Celebrated In Ch...
* Speaker's super PAC drops huge dollars...
* Chicagoland celebrates India's 72nd In...
* Heavy Storms Don't Stop Niles National...

* Norris Perne & French Llp Has Lowered ......
* Pritzker calls for infrastructure bill in ......
* Rauner is running away from his record – a......
* Pritzker promises to help improve Decatur,......
* Pritzker Determined To Bring Blue Wave To ......

* Durbin, Duckworth support Trump's Cent......
* Sen. Tammy Duckworth On How Her Dau......
* John Milhiser nominated to be US attorney...
* Trump administration taps Sangamon state&#......
* Trump taps Sangamon County's Milhiser ......

* The [Friday] Papers
* Four Centuries Of Trying To Prove God's Existence
* Decalogue Society and Arab American Bar Association announce 2018 Building Bridges Awards
* Sen. Righter calls for power to subpoena Chicago Public School officials over sexual abuse accusations
* Thorner: Again, Liberals lose gun and economy debates
* Lawyers Assistance Program Annual Dinner and Awards Ceremony set for November 1
* The bright side of the trade war with China?
* Evangelist Alveda King: Oh, Omarosa
* New law bans state tax dollars being used to silence sexual harassment victims
* Back-to-school celebration Parkway Garden Christian Church tomorrow!


* Bicentennial announces plans for Aug. 26th Constitution Day
* Gov. Rauner proclaims Traffic Fatality Awareness Day, urges public's help in making Illinois roads safer
* Illinois Payrolls Up for Sixth Straight Month
* 2017 Wayne County Final Multiplier Announced
* Governor announces $1 million Rauner family contribution to begin restoration of Coliseum; takes action on package of agriculture legislation

  
* Finally! High-end wireless headphones for under $80
* Librarian blew $89k in city money on free mobile game
* Science confirms that women’s pockets suck for smartphones
* This browser extension makes it harder for Facebook advertisers to target you
* Get cookin’ with this Pokemon Quest recipe guide! A full list of recipes!
* Watch the first trailer for Star Wars Resistance
* HTC U12 Plus in Flame Red coming to US and Canada

* White Sox reinstate Leury Garcia from DL
* Hawk: I Did It My Way
* Goodbye, Hawk
* Kopech fans nine, walks none for Knights
* White Sox Minor League Update: August 16, 2018
* Every 30-30 season, ranked by club
* Kopech fans nine, walks none for Knights


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

Archives
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
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




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