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*** UPDATED x1 - AFSCME responds *** Supreme Court denies AG Madigan motion for direct appeal

Monday, Mar 20, 2017 - Posted by Rich Miller

* OK, let’s try this again, shall we? I published and then removed a post about an Illinois Supreme Court action today. I thought it was a different case, but I checked with AFSCME and the attorney general’s office too late. There are actually two AFSCME cases out there and the one the Supremes acted on today is the case to halt payroll for state workers appealed by the attorney general and NOT the case about whether the governor can impose his terms on AFSCME. Sorry about that. Too many lawsuits!

Anyway, here’s the order again

SUPREME COURT OF ILLINOIS COURT CONVENED AT 10:30 A.M., MONDAY, MARCH 20, 2017 THE FOLLOWING ANNOUNCEMENTS WERE MADE:

CIVIL DOCKET

No. 121984 - The American Federation of State, County and Municipal Employees, AFL-CIO, Council 31, et al., appellees, v. Bruce Rauner, Governor of the State of Illinois, et al., etc. (People State of Illinois, appellant).

Motion by appellant for direct appeal to this Court pursuant to Supreme Court Rule 302(b). Motion denied.

Order entered by the Court.

Again, this is the case that Attorney General Lisa Madigan tried to directly appeal from St. Clair County regarding paying state employees without an appropriation. So, it’s back to the appellate level for her.

*** UPDATE ***  AFSCME…

Today the Illinois Supreme Court denied the Attorney General’s motion for direct appeal of a Circuit Court Order that ensures state employee payroll continues even in the absence of an enacted state budget. AFSCME and other unions that represent state workers secured that order and opposed the motion for direct appeal.

We believe the standard appeals process should be followed. Dissolving the order would only worsen the uncertainty that the lack of a budget is inflicting on our state. Despite all the chaos caused by Governor Rauner, the people of Illinois have been able to rely on state workers to be there, providing important public services.

In the absence of a budget, the order ensuring state workers are paid is only a temporary measure keeping Illinois from spiraling further downward. It’s past time for Governor Rauner to stop holding the budget hostage in pursuit of his own ideological agenda. He should do his job and work constructively with the General Assembly toward a budget plan that is balanced and fair.

       

20 Comments
  1. - Sue - Monday, Mar 20, 17 @ 3:16 pm:

    So I guess only Mike Madigan and Susan Mendoza are the only two people in Illinois who want to make matters worse then they already are


  2. - AC - Monday, Mar 20, 17 @ 3:19 pm:

    There appears to be a very high standard for direct appeals to the Illinois Supreme Court.


  3. - Seats - Monday, Mar 20, 17 @ 3:26 pm:

    If AG wins here, will Rauner simply be able to get a TRO to stop the pay-halt until it is heart by the IL Supreme Court?


  4. - Anon - Monday, Mar 20, 17 @ 3:27 pm:

    That’s not how the docket reads to me, I am seeing the AFSCME ruling however.


  5. - Rich Miller - Monday, Mar 20, 17 @ 3:30 pm:

    ===That’s not how the docket reads to me===

    AG, gov’s office and union all agree this is the case.


  6. - Commonsense in Illinois - Monday, Mar 20, 17 @ 3:34 pm:

    Rich, when you talked to the AG’s office, did they indicate when or if they would file in the Appellate Court?


  7. - the bruce - Monday, Mar 20, 17 @ 3:37 pm:

    ahaha, now I would like 18 months to file my brief !


  8. - @MisterJayEm - Monday, Mar 20, 17 @ 4:02 pm:

    “Too many lawsuits!”

    But enough about Tony Peraica…

    – MrJM


  9. - Dirty Red - Monday, Mar 20, 17 @ 4:04 pm:

    I’m writing in MrJM in 2018.


  10. - Anonymous - Monday, Mar 20, 17 @ 4:15 pm:

    Not surprising. If you want to argue the case is of such importance and in need to be decided on quickly, don’t wait a year to file that argument


  11. - vote for pedro - Monday, Mar 20, 17 @ 4:16 pm:

    This stuff has to stop on both sides.


  12. - AC - Monday, Mar 20, 17 @ 4:34 pm:

    ==This stuff has to stop on both sides==

    What stuff? Which sides? The Supremes sang Stop In The Name of Love, so presumably, they agree.


  13. - Anon - Monday, Mar 20, 17 @ 4:59 pm:

    There is no benefit to the Supreme Court to rule on this soon. They are very likely split and if by some miracle a budget happens, the case is moot and can be dismissed. The court system will slow walk this case. Likewise the Rauner suit on impasse…. I predict that the request to take a direct appeal will be denied.


  14. - A Jack - Monday, Mar 20, 17 @ 5:04 pm:

    I suspect that if they won’t fast tract a constitutional question, that Rauner’s impasse will meet the same fate.


  15. - Blue Bayou - Monday, Mar 20, 17 @ 5:23 pm:

    Oh, Sue: never change.


  16. - Fool On The Hill - Monday, Mar 20, 17 @ 5:32 pm:

    Sue,
    Please explain how Gov. Rauner’s refusal to introduce a balanced budget, negotiate in good faith and undermine bi-partisan efforts makes things better?
    I would honestly like to hear your response.


  17. - Honeybear - Tuesday, Mar 21, 17 @ 10:15 am:

    I’m beginning to suspect Sue of being an IPI paid troll. Sue you’re a gaslighter.


  18. - Anonymous - Tuesday, Mar 21, 17 @ 3:00 pm:

    Mighty from the south side
    The Gov is sad, the Mayor is sad, Madigan and his gang are sad! This is one sad, sad State.


  19. - Mighty from the South Side - Tuesday, Mar 21, 17 @ 3:04 pm:

    Sad Sate we live in!


  20. - Mighty from the South Side - Tuesday, Mar 21, 17 @ 3:10 pm:

    Union Proud! I will stick with AFSCME! Don’t let them take away your hard fought right. The union mighty be down but not out!


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