*** UPDATE *** AG Madigan’s legal filing is here [Fixed link- again]. From that filing…
Plaintiffs’ sole legal theory upon which the preliminary injunction rests is that the failure to appropriate funds sufficient to pay employees the amounts required by their CBAs, or the tolling agreements they entered into after those CBAs expired, constitutes an impairment of contract in violation of the Contract Clause of the Illinois Constitution. But in State v. AFSCME, the Illinois Supreme Court held that the failure to appropriate money could not impair the obligation of contract because the CBAs were always subject to appropriation, and the appropriation power rests solely with the General Assembly.
In denying the People’s motion to dissolve the preliminary injunction, the circuit court distinguished State v. AFSCME on the ground that the Illinois Supreme Court’s decision was limited to an assertion of rights under multi-year CBAs governed by the Public Labor Relations Act, and that plaintiffs here seek to enforce rights under their tolling agreements. The circuit court’s analysis, however, completely ignores the Illinois Supreme Court’s principal rationale based on the Appropriations Clause “([W]e hold that the arbitration award violates Illinois public policy, as reflected in the appropriations clause of the Illinois Constitution, and section 21 of the Illinois Public Labor Relations Act,)” and miscomprehends the nature of the tolling agreements, which did nothing more than continue the parties’ rights under the CBAs, which by their terms were subject to appropriation, S.R. 169.
And here’s a statement from AG Madigan’s office…
There is no legal basis for the St. Clair County order, and it has allowed the Governor and the Legislature to continue to avoid the difficult decisions required of them to enact a budget. As a result, serious and irreparable damage has been done to the state and its universities, students, social service providers, nonprofit organizations and companies that provide goods and services to the state. Illinois now has no spending plan in place, and no transparent process for the billions of dollars that are being spent through the court’s order.
We are now asking the Illinois Supreme Court to review this case immediately and require the Governor and the Legislature to follow the law and fulfill their constitutional duties to enact a budget.
Democratic Attorney General Lisa Madigan on Wednesday plans to ask the Illinois Supreme Court to take up an appeal of a state worker paycheck case after a Downstate judge sided with Republican Gov. Rauner last month.
* Press release…
The Rauner Administration released the following statement following the Attorney General’s extraordinary motion to stop state employee pay. The following is attributable to Rauner spokeswoman Catherine Kelly:
“Today’s extraordinary action by the Attorney General coupled with Comptroller Mendoza’s effort to stop paying nearly 600 employees makes clear there is a coordinated effort on the part of Democrat insiders in Springfield to force a government shutdown.”
“The Madigan Family’s unannounced filing is an obvious and disturbing effort to force a government shutdown and cause a statewide crisis. Lisa Madigan’s shameless motion to block state employee pay is intended to protect the broken system the Madigans’ control from those who believe it’s time for change.” – Illinois Republican Party Spokesman Steven Yaffe
Last night, Attorney General Lisa Madigan filed a motion to the Illinois Supreme Court to block all state employee pay. Madigan’s unwarranted action threatens to shut down state government, putting the vulnerable at risk.
Today the Illinois Republican Party released a new ad – “Family First” – calling out the Madigan Family for putting themselves ahead of taxpayers, state employees, and vulnerable people who rely on state services.
Mike and Lisa Madigan have worked behind the scenes to destroy Illinois for decades. The Illinois Republican Party is committed to shining a light on their corrupt, insider tactics.
Isn’t there supposed to be a contract between the state and its employees? Isn’t there supposed to be a budget? Am I missing something? The shameless attempts to destroy the State have never prevented the state from having either a contract or a budget in the past. What am I missing? I’m so confused.
===…is committed to shining a light on their corrupt, insider tactics.===
Asking the Supreme Court to take up a case is… corrupt… and an insider tactic?
Hope Governor Rauner never has to ask the Supreme Court to take up a case…
===The Madigan Family’s unannounced filing..”====
When did the Speaker start working as an Assistant Attorney General?
===…Democrat insiders…===
Oh “ck”, you’re gonna need “Democrat” voters in 2018. The ignorance and dismissive response that continues the political divide from the governmental actions may not be the best way to dig out from being upside-down with Raunerites polling.
What I learned here?
Yaffe and “ck” have Rauner Word Jumbles specifically designed not to be inline with governing.
That… and Yaffe and “ck” are just two people that Raunerites above them feel that the reputations of both Yaffe and “ck” just aren’t worth too much when it comes to their names and being honest to situations.
Same people saying the same drivel, while their bosses get to laugh AT them as the credibility of Yaffe and “ck” gets sunk lower and lower.
I am a state worker who would lose income if Madigan’s appeal is successful. And I support this action on the part of the Attornery Gen wholeheartedly.
I think that this is the last, best hope of pushing Rauner to pass a budget.
A shutdown of state gov. will also make the public aware how much they actually rely on state government as well as the damage Rauner is inflicting on social services, vendors, universities, CPS, and taxpayers who are paying higher interest rates for state borrowing.
” Without Fear or Favor ” is a principle that dictates how the Attorney General and The Supreme Court are mandated to Act. AG Madigan should be commended for Doing the Job as mandated.
So she feels it’s urgent enough to expedite directly, instead of going through the proper appellate process? If it’s so urgent, why did she wait a year?
I think the timing is fascinating, coming on the heels of Mendoza’s win last night and the seeming tipping point coming in the battle over the grand bargain.
Lisa Madigan should be applauded for ensuring that this governor’s illegal approach does not remain the law of the land.
As for the Illinois Republican Party calling out “the Madigan Family” — look into the mirror and you will see the real problem.
- Echo The Bunnyman - Wednesday, Mar 8, 17 @ 10:12 am:
To the Update: Is there ANY possible way this ruling will NOT be supported? Sure seems iron clad. No budget. No pay. This is the leverage needed for a grand bargain? The Governor may try to keep spinning it’s everyone’s fault but his. My guess is when the Supremes rule against him.. He’s cornered. People can understand a clear ruling this should provide. Keep your directors silent on cuts dude..
He who was invited last time my be subpoenaed this time?
- Name Withheld - Wednesday, Mar 8, 17 @ 10:17 am:
Could the various Anonymous’ please pick a name?Collectively, you’re starting to have multiple personality disorder.
- Anonymous - Wednesday, Mar 8, 17 @ 8:55 am:
I am a state worker who would lose income if Madigan’s appeal is successful. And I support this action on the part of the Attornery Gen wholeheartedly.
- Anonymous - Wednesday, Mar 8, 17 @ 9:42 am:
==Lisa Madigan should be applauded for…==
“…using State workers paychecks as a pawn to insert herself into the legislative process and save her father.” ftfy
It’s funny that the ILGOP is playing the “Democrats want to force a crisis” card. We are in crisis now. Someone at the Governor’s Mansion sure has a lot of quotes out there regarding forcing a crisis.
This tells me two things
1 the grand bargain is dead. (Duh)
2 Rauners gonna make another “emotional decision” about forcing AFSCME out on strike. The strike replacement article further confirms this. Ahab will not be deterred.
In simple terms, all Lisa is doing is ask the IL SC to decide which of two conflicting lower court rulings is correct. The question is: do you or don’t you need to have an appropriation in place to pay State employees?
As to the timing, until Jan 1, there was a temporary budget of sorts; not clean but it could be argued the Legislative concurred with the court ruling on pay since they took no action. Shaky, but defendable.
This year, there was what appeared to be progress on a budget; had there been a budget passed, an appropriation would have resolved the issue. Once the budget process blew up, then the continuation of this appeal was the next legal step to find out exactly which of the State’s obligations can be paid without a matching appropriation.
Name Withheld: “Could the various Anonymous’ please pick a name? Collectively, you’re starting to have multiple personality disorder.”
Rich: “And please take a half second to come up with a nickname.”
In my experience, commenters who don’t make the effort necessary to come up with a nickname rarely make the effort necessary to formulate a worthwhile argument.
While some may disagree, I’ve found that anonymous contributions can be routinely passed over with very little, if any, loss of quality commentary.
Oh please, RNUG. The “timing”!of it isn’t linked to where in the budget process they are, it’s who can force a shutdown the quickest…i.e. AFSCME isn’t going to do it now through a strike since they don’t need to with last weeks ruling granting them a stay. So, surely coincidentally I’m sure (/s), days later this is filed. She’s had weeks to file this after St Clair’s denying her motion. Had it truly been about immediate need, she would’ve filed this within days, not weeks. She was going to let AFSCME force the issue with a strike. Now that that’s been delayed she’s inserting herself
- Kevin Highland - Wednesday, Mar 8, 17 @ 11:22 am:
Rich…
The Court Filings links points toward a spreadsheet, not the filing.
Anonymous 11:12, I still believe that Rauner controls the 4th appellate. It’s why he fought so hard to get it there. The stay is only in effect during the appeal. I believe in his “emotional” state he’ll order the denial of the appeal and impose the insurance which is the instigator for his contention of his economic strike. Agencies have been preparing for months for this. But now Rauner has to move before madigans ilsc and Mendoza finds and drains the funds.
Ahab will order the chase boats in the water
Mark my words
Rauner does not care who or what he destroys chasing labor
Seats- sorry I posted on the wrong post. Rauners 4th dist appellate can still deny our appeal at any time. We can’t let down our guard and preparations.
“In ever other state and at the federal level, the imperative to prevent even a partial shutdown of government operations forces the executive and legislative branches to negotiate and enact appropriations legislation. In Illinois, in contrast, the legislature and executive have never faced the true consequences imposed by our constitution and instead have relied on the preliminary injunction to keep all state operations running for over twenty months without enacted appropriations legislation.”
BOOM. She requests oral argument in May. Should be good.
we should fear a government where the gove or can sign contracts the state is obligated to pay without GA authorizing payment. gov could build roads, prisons etc basically spend trillions of dollars a minth without a check or limitation on spending.
- Delimma - Wednesday, Mar 8, 17 @ 8:46 am:
Isn’t there supposed to be a contract between the state and its employees? Isn’t there supposed to be a budget? Am I missing something? The shameless attempts to destroy the State have never prevented the state from having either a contract or a budget in the past. What am I missing? I’m so confused.
- Oswego Willy - Wednesday, Mar 8, 17 @ 8:49 am:
===…is committed to shining a light on their corrupt, insider tactics.===
Asking the Supreme Court to take up a case is… corrupt… and an insider tactic?
Hope Governor Rauner never has to ask the Supreme Court to take up a case…
===The Madigan Family’s unannounced filing..”====
When did the Speaker start working as an Assistant Attorney General?
===…Democrat insiders…===
Oh “ck”, you’re gonna need “Democrat” voters in 2018. The ignorance and dismissive response that continues the political divide from the governmental actions may not be the best way to dig out from being upside-down with Raunerites polling.
What I learned here?
Yaffe and “ck” have Rauner Word Jumbles specifically designed not to be inline with governing.
That… and Yaffe and “ck” are just two people that Raunerites above them feel that the reputations of both Yaffe and “ck” just aren’t worth too much when it comes to their names and being honest to situations.
Same people saying the same drivel, while their bosses get to laugh AT them as the credibility of Yaffe and “ck” gets sunk lower and lower.
- Anonymous - Wednesday, Mar 8, 17 @ 8:55 am:
I am a state worker who would lose income if Madigan’s appeal is successful. And I support this action on the part of the Attornery Gen wholeheartedly.
I think that this is the last, best hope of pushing Rauner to pass a budget.
A shutdown of state gov. will also make the public aware how much they actually rely on state government as well as the damage Rauner is inflicting on social services, vendors, universities, CPS, and taxpayers who are paying higher interest rates for state borrowing.
- jade me not - Wednesday, Mar 8, 17 @ 8:55 am:
The Governor is running out of bogeymen to blame for his ineptitude. Plan B when you run out of new enemies to blame? Link them together!
- x ace - Wednesday, Mar 8, 17 @ 8:57 am:
” Without Fear or Favor ” is a principle that dictates how the Attorney General and The Supreme Court are mandated to Act. AG Madigan should be commended for Doing the Job as mandated.
Rate the Ad : Misguided
- cdog - Wednesday, Mar 8, 17 @ 8:57 am:
Rauner is complaining about an effort to force a government shutdown?
That violates the senses this morning, ya?
- RNUG - Wednesday, Mar 8, 17 @ 9:10 am:
== Rauner is complaining about an effort to force a government shutdown? ==
Only because it is not on his terms and timeline.
- Oswego Willy - Wednesday, Mar 8, 17 @ 9:16 am:
===Only because it is not on his terms and timeline===
That’s the whole ball game
Rauner wants his train wreck controlled, and the train cars wrecked he wants wrecked.
That’s what’s at play, not saving the state.
- Anonymous - Wednesday, Mar 8, 17 @ 9:19 am:
So she feels it’s urgent enough to expedite directly, instead of going through the proper appellate process? If it’s so urgent, why did she wait a year?
- MissingG - Wednesday, Mar 8, 17 @ 9:22 am:
Lisa Madigan has no independent thoughts and does whatever her father says. Happy International Women’s Day!
/s
- Archiesmom - Wednesday, Mar 8, 17 @ 9:28 am:
I think the timing is fascinating, coming on the heels of Mendoza’s win last night and the seeming tipping point coming in the battle over the grand bargain.
- Winnin' - Wednesday, Mar 8, 17 @ 9:32 am:
Lisa Madigan should be applauded for ensuring that this governor’s illegal approach does not remain the law of the land.
As for the Illinois Republican Party calling out “the Madigan Family” — look into the mirror and you will see the real problem.
- wordslinger - Wednesday, Mar 8, 17 @ 9:34 am:
Thank God Rauner is there to look out for state employees and the vulnerable who need state services.
This crew is without shame.
- Anonymous - Wednesday, Mar 8, 17 @ 9:42 am:
==Lisa Madigan should be applauded for…==
“…using State workers paychecks as a pawn to insert herself into the legislative process and save her father.” ftfy
- Flynn's mom - Wednesday, Mar 8, 17 @ 9:43 am:
Will this lead to another “teachable moment”?
- Echo The Bunnyman - Wednesday, Mar 8, 17 @ 10:02 am:
Having judges lead our state via rulings is bad for us all.
- Norseman - Wednesday, Mar 8, 17 @ 10:06 am:
Sad, but necessary step.
- Echo The Bunnyman - Wednesday, Mar 8, 17 @ 10:12 am:
To the Update: Is there ANY possible way this ruling will NOT be supported? Sure seems iron clad. No budget. No pay. This is the leverage needed for a grand bargain? The Governor may try to keep spinning it’s everyone’s fault but his. My guess is when the Supremes rule against him.. He’s cornered. People can understand a clear ruling this should provide. Keep your directors silent on cuts dude..
- Rabid - Wednesday, Mar 8, 17 @ 10:15 am:
He who was invited last time my be subpoenaed this time?
- Name Withheld - Wednesday, Mar 8, 17 @ 10:17 am:
Could the various Anonymous’ please pick a name?Collectively, you’re starting to have multiple personality disorder.
- Anonymous - Wednesday, Mar 8, 17 @ 8:55 am:
I am a state worker who would lose income if Madigan’s appeal is successful. And I support this action on the part of the Attornery Gen wholeheartedly.
- Anonymous - Wednesday, Mar 8, 17 @ 9:42 am:
==Lisa Madigan should be applauded for…==
“…using State workers paychecks as a pawn to insert herself into the legislative process and save her father.” ftfy
- Anonymous - Wednesday, Mar 8, 17 @ 10:21 am:
I wonder what Yaffe’s next job will be?
- illini97 - Wednesday, Mar 8, 17 @ 10:37 am:
It’s funny that the ILGOP is playing the “Democrats want to force a crisis” card. We are in crisis now. Someone at the Governor’s Mansion sure has a lot of quotes out there regarding forcing a crisis.
- Boat captain - Wednesday, Mar 8, 17 @ 10:41 am:
I miss Steve schnorf’s thoughts on this and the way he could say it that everyone could understand.
- Honeybear - Wednesday, Mar 8, 17 @ 10:50 am:
This tells me two things
1 the grand bargain is dead. (Duh)
2 Rauners gonna make another “emotional decision” about forcing AFSCME out on strike. The strike replacement article further confirms this. Ahab will not be deterred.
- Honeybear - Wednesday, Mar 8, 17 @ 10:55 am:
Illini97- it’s called gas lighting.
- RNUG - Wednesday, Mar 8, 17 @ 11:04 am:
- Boat captain -
In simple terms, all Lisa is doing is ask the IL SC to decide which of two conflicting lower court rulings is correct. The question is: do you or don’t you need to have an appropriation in place to pay State employees?
As to the timing, until Jan 1, there was a temporary budget of sorts; not clean but it could be argued the Legislative concurred with the court ruling on pay since they took no action. Shaky, but defendable.
This year, there was what appeared to be progress on a budget; had there been a budget passed, an appropriation would have resolved the issue. Once the budget process blew up, then the continuation of this appeal was the next legal step to find out exactly which of the State’s obligations can be paid without a matching appropriation.
- RNUG - Wednesday, Mar 8, 17 @ 11:06 am:
== Rauners gonna make another “emotional decision” about forcing AFSCME out on strike. ==
Wonder if Rauner is going to end like the dog that has caught a car but doesn’t know what to do with it?
- Boat captain - Wednesday, Mar 8, 17 @ 11:07 am:
Thanks to you RNUG.
- @MisterJayEm - Wednesday, Mar 8, 17 @ 11:09 am:
Name Withheld: “Could the various Anonymous’ please pick a name? Collectively, you’re starting to have multiple personality disorder.”
Rich: “And please take a half second to come up with a nickname.”
In my experience, commenters who don’t make the effort necessary to come up with a nickname rarely make the effort necessary to formulate a worthwhile argument.
While some may disagree, I’ve found that anonymous contributions can be routinely passed over with very little, if any, loss of quality commentary.
But, as always, your mileage may vary…
– MrJM
- Anonymous - Wednesday, Mar 8, 17 @ 11:12 am:
Oh please, RNUG. The “timing”!of it isn’t linked to where in the budget process they are, it’s who can force a shutdown the quickest…i.e. AFSCME isn’t going to do it now through a strike since they don’t need to with last weeks ruling granting them a stay. So, surely coincidentally I’m sure (/s), days later this is filed. She’s had weeks to file this after St Clair’s denying her motion. Had it truly been about immediate need, she would’ve filed this within days, not weeks. She was going to let AFSCME force the issue with a strike. Now that that’s been delayed she’s inserting herself
- Kevin Highland - Wednesday, Mar 8, 17 @ 11:22 am:
Rich…
The Court Filings links points toward a spreadsheet, not the filing.
- Nick Name - Wednesday, Mar 8, 17 @ 11:32 am:
Now the court filing links take you to what appear to be the Mendoza filing?
- Seats - Wednesday, Mar 8, 17 @ 11:33 am:
== Rauners gonna make another “emotional decision” about forcing AFSCME out on strike. ==
How so? A strike is illegal while at impasse.
- Honeybear - Wednesday, Mar 8, 17 @ 11:35 am:
Anonymous 11:12, I still believe that Rauner controls the 4th appellate. It’s why he fought so hard to get it there. The stay is only in effect during the appeal. I believe in his “emotional” state he’ll order the denial of the appeal and impose the insurance which is the instigator for his contention of his economic strike. Agencies have been preparing for months for this. But now Rauner has to move before madigans ilsc and Mendoza finds and drains the funds.
Ahab will order the chase boats in the water
Mark my words
Rauner does not care who or what he destroys chasing labor
- Ratso Rizzo - Wednesday, Mar 8, 17 @ 12:01 pm:
I know this is the right step towards a budget, but I worry about paying my bills without a paycheck.
- Honeybear - Wednesday, Mar 8, 17 @ 12:04 pm:
Seats- sorry I posted on the wrong post. Rauners 4th dist appellate can still deny our appeal at any time. We can’t let down our guard and preparations.
- Nick Name - Wednesday, Mar 8, 17 @ 12:08 pm:
From the motion:
“In ever other state and at the federal level, the imperative to prevent even a partial shutdown of government operations forces the executive and legislative branches to negotiate and enact appropriations legislation. In Illinois, in contrast, the legislature and executive have never faced the true consequences imposed by our constitution and instead have relied on the preliminary injunction to keep all state operations running for over twenty months without enacted appropriations legislation.”
BOOM. She requests oral argument in May. Should be good.
- Ghost - Wednesday, Mar 8, 17 @ 12:24 pm:
we should fear a government where the gove or can sign contracts the state is obligated to pay without GA authorizing payment. gov could build roads, prisons etc basically spend trillions of dollars a minth without a check or limitation on spending.
- Seats - Wednesday, Mar 8, 17 @ 1:36 pm:
=BOOM. She requests oral argument in May. Should be good.=
Where are you seeing that the request is for May? Thanks
- Nick Name - Wednesday, Mar 8, 17 @ 2:52 pm:
@Seats: last sentence on page 9.
- Seats - Wednesday, Mar 8, 17 @ 3:09 pm:
Thank you Nick Name.