Three-judge panel hears remap case
Thursday, Jul 15, 2021 - Posted by Rich Miller
* Capitol News Illinois…
Lawyers for plaintiffs and the state told a panel of federal judges Wednesday the issues involved in two lawsuits challenging the state’s legislative redistricting plan are “straightforward” and ought to be resolved in short order.
But the three-judge panel hearing the case appeared uncertain about how much time they actually have, given the deadlines that are spelled out in the Illinois Constitution and the fact that lawmakers this year pushed back the 2022 primary by three months, to June instead of March.
The two lawsuits – one by Republican legislative leaders and another by the Mexican American Legal Defense and Education Fund, or MALDEF – both argue that the new state House and Senate district maps violate the U.S. Constitution because they were drawn using survey data rather than official U.S Census numbers, which have been delayed this year due to the pandemic and other factors. […]
But attorney Michael Kasper, who represents Welch and Harmon, said he doesn’t believe the case should go to trial because the plaintiffs lack standing to sue and because the case is not yet “ripe” for consideration.
He said that under previous U.S. Supreme Court decisions, plaintiffs can sue only if they can demonstrate that they live in a district where their vote has been diluted. He also argued that the question of whether district populations vary too widely can be answered only after the official census numbers are released in August.
There’s more, so go read the whole thing, but there’s a reason why Kasper gets paid the big bucks.
- PublicServant - Thursday, Jul 15, 21 @ 8:01 am:
=== there’s a reason why Kasper gets paid the big bucks. ===
I guess there’s a wide range of lawyering out there…we’ve got Kasper on the one hand, and on the other, there’s Devore.
- Frank talks - Thursday, Jul 15, 21 @ 9:16 am:
-there’s a reason why Kasper gets paid the big bucks.-
Wonder if the former Mayor of Glendale Heights agrees? Probably cost her a pretty penny to get all the way to Illinois Supreme Court only to be told the Friday before Election Day she isn’t allowed on the ballot.
- Svengali - Thursday, Jul 15, 21 @ 9:35 am:
Kasper doesn’t get paid big bucks because he is talented. And now that big daddy isn’t there to prop him up anymore. . .
- Shield - Thursday, Jul 15, 21 @ 9:43 am:
For those wondering, a W. Bush judge, an Obama judge, and a Trump judge.
- Watcher of the Skies - Thursday, Jul 15, 21 @ 10:11 am:
===For those wondering, a W. Bush judge, an Obama judge, and a Trump judge.===
Ooooo I can’t wait to read the punchline!
- Louis G Atsaves - Thursday, Jul 15, 21 @ 10:20 am:
So Democrats didn’t want to wait for the census figures but now claim Plaintiffs have no standing to sue because the case isn’t ripe because we have to wait for the census figures?
Reminds me of the old lawyer joke about the client who murdered his parents then asked the court for mercy because he is an orphan.
- JB13 - Thursday, Jul 15, 21 @ 11:30 am:
– So Democrats didn’t want to wait for the census figures but now claim Plaintiffs have no standing to sue because the case isn’t ripe because we have to wait for the census figures? –
Illinois makes a lot more sense once you realize the people in charge will almost always interpret the laws to say, “We can do whatever we want to maintain and increase our power, and, who are you and why are you still talking?”
- Amalia - Thursday, Jul 15, 21 @ 11:54 am:
Kasper lost the case against the Republicans of Maine Township for ballot access. But the case put in play their ineptitude and look, there are all Democrats now on Township positions. Attorneys don’t always win their case. they take lots. he may lose some but he usually wins the big ones.
- JP Altgeld - Thursday, Jul 15, 21 @ 12:02 pm:
Kasper is a phenomenal attorney and a wonderful person. Any comment to the contrary is uninformed, in my view.
- Uncle Ken - Thursday, Jul 15, 21 @ 2:59 pm:
Even great lawyers lose cases. Kasper is the best election lawyer in Illinois. But, when you click the link, it appears to me that the panel is not buying his ripeness argument.