Capitol Fax.com - Your Illinois News Radar » Karmeier files dissent in remap rehearing denial
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Karmeier files dissent in remap rehearing denial

Wednesday, Sep 21, 2016 - Posted by Rich Miller

* Tribune

A week after the Illinois Supreme Court’s 4-3 Democratic majority refused, without comment, to rehear its rejection of a proposed redistricting amendment to the state constitution, the Republican minority is having its say.

Justice Lloyd Karmeier, in a dissent of rejecting the rehearing that was joined by the court’s two other GOP justices, reaches into the wayback machine for a state Supreme Court decision from 1906 involving proposed changes to the state’s 1870 constitution.

Karmeier noted that the majority tossed the proposed Independent Maps amendment from the Nov. 8 ballot because it assigned new duties to the state’s auditor general. The majority ruled that proposed petition-driven changes to the constitution can only affect the legislative article and not affect other constitutional provisions.

But, Karmeier said, in the 110-year-old ruling, the justices said the fact that “articles of the constitution other than the article expressly amended are changed does not render the express amendment invalid.

“Put another way, those other matters, including the duties of the auditor general, are in no sense the subject of the proposed amendment. The ‘subject’ … is the mechanism for redistricting,” Karmeier wrote.

“The assignment of responsibilities to the auditor general and the other changes that would result from adoption of the amendment are merely ancillary to and supportive of the amendment’s core purpose,” he wrote.

* More from Karmeier’s dissent

Second, the majority suggested that some alternative plan involving a nonlegislative actor other than the Auditor General could be formulated that would meet the requirements of article XIV, section 3. But Independent Maps, in its petition for rehearing, succinctly and correctly points out that the majority’s approach would preclude the assignment of any new role in the redistricting process to any nonlegislative actor, not just the Auditor General, because any such changes would be barred by precisely the same barriers erected by the majority to rationalize invalidation of the proposal advanced here. If the majority believes that such is not the case, it should take this opportunity on rehearing to explain why.

I think the majority’s ruling wouldn’t preclude assigning duties to any non-legislative actor who is currently mentioned in the redistricting portion of the Constitution.

* Or, the reformers could simply use my idea

Forget about endless unconstitutional details on how the map should be drawn. Just set a few simple rules:

    • No legislator can ever have any role in the actual mapmaking process.

    • Mapmakers cannot take into account any previous election results.

    • Home addresses of state legislators and existing district boundaries cannot ever be factors.

All these requirements are in force in Iowa, which is a national redistricting model.

The results might not be perfect, but they’d surely be better than what we have now: a system where one political party draws district boundaries to protect its majority and its legislators. Yes, it’s true: Voters should be able to choose their legislators, not the other way around.

       

14 Comments
  1. - Ghost - Wednesday, Sep 21, 16 @ 12:41 pm:

    The GOP dissent is basically judicial activism; so mucj for the party of strict constructionism….


  2. - Anonymous - Wednesday, Sep 21, 16 @ 12:42 pm:

    AGree Rich!


  3. - TinyDancer(FKA Sue) - Wednesday, Sep 21, 16 @ 12:48 pm:

    Lloyd Karmeier…..the one that sits in the court’s State Farm Insurance seat? That Lloyd Karmeier?


  4. - Anon - Wednesday, Sep 21, 16 @ 12:52 pm:

    ===All these requirements are in force in Iowa, which is a national redistricting model.===

    It’s fun to watch congressmen move to avoid running against each other.


  5. - d.p.gumby - Wednesday, Sep 21, 16 @ 12:58 pm:

    The dissents are very out of the ordinary and contrary to the precedent of the many cases since the cut back amendment. The majority was rock solid no matter how much one dislikes it. It is what Con-Con intended. When one has to go back 106 years and the prior constitution to get around more recent precedent you are doing a major stretch!


  6. - justacitizen - Wednesday, Sep 21, 16 @ 1:00 pm:

    Rich, you are using way too much common sense. Your approach would create a representative map. We can’t have that! s/


  7. - John Gregory (ex-IRN) - Wednesday, Sep 21, 16 @ 1:08 pm:

    Everyone involved in this Illinois debate should go read David Daley’s book on redistricting, and in particular, it’s Iowa chapter.

    And perhaps Democrats who aren’t in support should read the entire thing, and get a lesson on what could happen to districts if the party isn’t in total control of the process after 2020. It’s in their best interest to have both parties give up their potential political advantage on the maps process for good.


  8. - Not It - Wednesday, Sep 21, 16 @ 1:13 pm:

    I was thinking of something similar to this dissent. The majority opinion said that the Amendment was wrong because it gave new powers to the Auditor General who isn’t a legislator, but they also said there other people that could be given new powers. This seems to be in conflict.


  9. - Huh? - Wednesday, Sep 21, 16 @ 1:24 pm:

    I am confused. How does a 110 year old ruling on an amendment to the 1870 constitution apply to this court case? Other than to obfuscate the issue, I think that this is an academic exercise in futility.


  10. - anon - Wednesday, Sep 21, 16 @ 1:51 pm:

    As Ghost said, the Republican Justice argues for liberal or loose interpretation of the current constitution to reach his desired result.


  11. - HangingOn - Wednesday, Sep 21, 16 @ 2:08 pm:

    I can’t help but wonder: What if they get this on the ballot, and it fails? Who are they going to blame? Because as you know, it’s all about the blame….


  12. - Bluecollargal - Wednesday, Sep 21, 16 @ 2:33 pm:

    Yes, the Lloyd Karmeier who begins his term as Chief Justice on Oct 26.


  13. - Delimma - Wednesday, Sep 21, 16 @ 2:34 pm:

    When every red state does the same thing, then I’m on board. I fully support the concept, but it drives me crazy that democrats push for it in red states and republicans push for it in blue states. Either it is a good idea, or it isn’t.


  14. - illini - Wednesday, Sep 21, 16 @ 3:10 pm:

    — “As Ghost said, the Republican Justice argues for liberal or loose interpretation of the current constitution to reach his desired result.” —

    Point made twice, but yet worth repeating.


Sorry, comments for this post are now closed.


* Another Bears stadium false alarm
* Showcasing The Retailers Who Make Illinois Work
* Massive tollway contract screwup leads to TRO
* Welch urges judge to toss staff unions’ lawsuit
* SUBSCRIBERS ONLY - Another supplement to today’s edition
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Burke sentenced to two years (Updated x3)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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


Loading


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

Archives
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
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




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