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Two more Republican-filed Enrolled Bill Doctrine lawsuits fail

Monday, Sep 8, 2025 - Posted by Rich Miller

* My weekly syndicated newspaper column

I’m coming a bit late to this (national current events having overtaken everything), but a lawsuit filed by House and Senate Republicans was recently tossed out by Sangamon County Circuit Court Judge Jack Davis, II. The suit sought to strike down a new law — Senate Bill 328 — backed by trial lawyers. The Republicans say they will appeal.

The Republican lawsuit claimed that the majority Democrats had violated the Illinois Constitution’s “three readings rule.”

The titles of bills are required to be read aloud on three separate session days in each chamber. In the state’s early days, the entire bills had to be read aloud apparently because so many legislators were illiterate.

Often, though, bills that have already passed one chamber are gutted and replaced with amendments by different legislation, usually after the bills have been moved in the second chamber to third reading. The final bills can then be passed by both chambers in a single day without committee hearings because their titles had already been read three times in each body. And as long as both legislative leaders certify that the bills complied with procedural requirements, known as the “Enrolled Bill Doctrine,” the legislation is considered constitutionally passed.

“This special interest proposal was passed by the Democratic majority using a shady process that clearly violates the substance and spirit of the Illinois Constitution,” said Illinois Senate Republican Leader John Curran when he and others filed the suit in June.

The Republicans noted in their lawsuit that even though the Illinois Supreme Court had shot down other lawsuits attempting to kill legislation based on alleged violations of the Enrolled Bill Doctrine, justices on the state’s top court had sternly warned the legislature in 1992 that their judicial patience was wearing thin: “(T)he General Assembly has shown remarkably poor self-discipline in policing itself,” the court said at the time. “Indeed, both parties agree that ignoring the three-readings requirement has become a procedural regularity.”

But Davis countered that the Supreme Court has since addressed three readings challenges “on several occasions and has, without exception, followed the enrolled bill rule.” All appellate courts have also done the same, he wrote. Davis said he was therefore bound by precedent.

The judge also ruled that the plaintiffs lacked standing to sue because the legislation, allowing out of state businesses to now be sued for “exposure to a substance defined as toxic,” can “never affect plaintiffs.”

Earlier last month, Sangamon County Circuit Court Judge Adam Giganti used the exact same enrolled bill doctrine history cited by Davis to throw out a lawsuit filed by several members of the Illinois Freedom Caucus against the new state budget.

Giganti also ruled that because people involved in actually implementing the budget were not included as defendants in the lawsuit — including the governor, the comptroller, the treasurer and the Illinois Department of Revenue director — then that required dismissal as well under Section 2-615 of the Code of Civil Procedure.

Aside from the obvious press pops that the lawsuits have already attracted and will continue to receive, the object here is to eventually get these lawsuits in front of the Illinois Supreme Court to see if they can convince the justices to finally follow through on their 33-year-old warning.

A 2003 Supreme Court ruling referenced its own 1992 “remarkably poor self-discipline in policing itself” comment in a new case involving a similar constitutional challenge. However, the top court noted that the record of alleged violations had not been “sufficiently developed to support or contradict this claim” of a violation.

“Nevertheless,” the opinion continued, “because this court is ever mindful of its duty to enforce the constitution of this state, we take the opportunity to urge the legislature to follow the three-readings rule. While separation of powers concerns militate in favor of the enrolled-bill doctrine, our responsibility to ensure obedience to the constitution remains an equally important concern.”

So, as I told my blog readers when the Republican lawsuit was filed, “the Republicans are likely hoping that if they keep bringing these cases to the court’s attention, the Supremes will eventually decide that the record has been ‘sufficiently developed’ to support their claim.”

But it’s highly doubtful, to say the least, that the 5-2 Democratic majority will accede to the Republicans’ wishes even then.

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When RETAIL Succeeds, Illinois Succeeds

Monday, Sep 8, 2025 - Posted by Advertising Department

[The following is a paid advertisement.]

Findings of a recent economic study are clear: the retail sector is a cornerstone of the state’s economy and crucial to our everyday lives. Retail in Illinois directly contributes more than $112 billion in economic investment annually – more than 10 percent of the state’s total Gross Domestic Product.

Retailers like Alejandro Urzagaste in Wilmette enrich our economy and strengthen our communities. We Are Retail and IRMA are showcasing the retailers who make Illinois work.

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Isabel’s morning briefing

Monday, Sep 8, 2025 - Posted by Isabel Miller

* ICYMI: States move to protect vaccines in the face of attempts to remove mandates. AP

    - Now that Florida is taking steps to be the first state to get rid of school vaccine mandates, some states are looking at following its lead while others are promising to protect vaccines for children and adults.
    - The [Illinois] state health department said it plans to issue specific guidance by the end of September that will help health care providers and residents make informed decisions about vaccinations. The health director said the department will consult with medical experts.
    - The U.S. Centers for Disease Control and Prevention has said roughly 4 million deaths are prevented annually worldwide by childhood vaccinations.

* Related stories…

*** Isabel’s Top Picks ***

* Daily Herald | ‘A very large gap for us to fill’: Pantries struggle to meet surging demand amid federal cuts to food banks: As its member pantries face persistently high demand, the Northern Illinois Food Bank is raising funds through an emergency initiative to help offset federal cuts. The Geneva-based food bank has seen a 30% decrease in federal support — in the form of food and funding — translating to a $3 million to $4 million gap. In the fiscal year that ended in June, the food bank received 4.4 million meals through federal programs that have either been discontinued or cut by the USDA.

* Daily Herald | Antioch mayor mulling GOP run for governor: Antioch Mayor Scott Gartner announced Sunday he is considering running for Illinois governor as a Republican in 2026, adding that he expects a final decision by the end of the month. “If I can gather 10,000 signatures and raise $500,000 by then, I’m all in,” Gartner wrote in a Facebook post addressed “To my Antioch family.” “I’m not a millionaire or billionaire — but maybe that’s exactly what we need: someone who understands the struggles of everyday people and isn’t beholden to special interests,” he added.

*** Statehouse News ***

* WAND | Illinois will ban fraudulent restaurant reservations Jan. 1: The bipartisan plan will ban third-party reservation companies from listing, advertising, promoting, or selling reservations without written agreements with restaurants. Any person who violates the ban could face a civil penalty of up to $1,000 for each violation. Customers will also have the ability to sue companies for listing fraudulent reservations online.

* Sun-Times | State Sen. Napoleon Harris reimburses his campaign fund more than $23k over questionable expenses: State Sen. Napoleon Harris recently cut his main campaign fund a check for $23,459.30, reimbursing the political account for what appeared to be a series of personal expenses that stretched, if not breached, the bounds of what’s allowable under election law. […] That total cited by Odelson in the email amounted to just over $20,000, and he declined to explain the difference between that amount and what ended up being reimbursed on or about Aug. 27.

*** Chicago ***

* Tribune | Mayor Brandon Johnson’s new speed cameras see big early revenue as aldermen tout safety impact: Drivers ticketed for speeding there on June 1 — the first day the camera went online — have so far paid the city more than $60,000, in increments of $35 and $100. It’s a drop in the municipal bucket for Mayor Brandon Johnson’s citywide camera expansion meant to help him balance this year’s budget. But if early returns are any indication, speeding tickets from the new cameras are quickly hurtling toward the $11.4 million benchmark Johnson counted on for 2025. As the first batch of new cameras went live in June, the city issued more tickets than it has in any other month in nearly three years, a Tribune analysis showed.

* WBEZ | CPS says no to virtual learning as ICE immigration enforcement ramps up: “In-person instruction continues to provide the strongest foundation for learning,” school district officials said in a statement. However, they added that they are monitoring the situation and will reassess if necessary.

* Tribune | Chicago deploys salt trucks as safety precaution at protest and Taste of Chicago: President Donald Trump has signaled that he may authorize the use of military assets, specifically the National Guard, as part of a stepped-up operation by federal agencies under the Department of Homeland Security, including Immigration and Customs Enforcement, anticipated to begin as soon as this weekend. But as of Sunday afternoon, there was no evidence of widespread ICE activity. The spokesperson said the trucks were present at an anti-Trump protest that drew thousands downtown and the three-day food festival in Grant Park.

* Sun-Times | No, Chicago salt trucks are not being used to interfere with ICE: The department “deployed salt trucks to support public safety efforts related to a planned protest and the Taste of Chicago. This is a routine practice,” a spokesperson said. Videos of the salt trucks lining Grant Park popped up on social media over the weekend. Several claimed that Mayor Brandon Johnson deployed the trucks to form a roadblock and interfere with ICE operations. The posts also erroneously say the trucks were slowly moving on I-294, I-94 and the Edens Expressway and occupying all lanes into the city.

* Hyper Allergic | A Chicago Artist-Run Gallery’s Last Hurrah Before Forced Closure: The property housed 30 apartments full of tenants, many on social security, plenty of whom had lived there for over a decade. Downstairs were three beloved, creative, intergenerational community spaces: Archie’s Café, Edge Art, and Roman Susan. A protest was held by residents, neighbors, supporters, and elected officials, including Illinois state senator Mike Simmons and 49th Ward alderwoman Maria Hadden. Roman Susan, with the longest lease, advocated for its neighbors to be able to stay at least until they themselves were forced to clear out. The university cannot even develop the site anytime soon, due to future renovations of the adjacent Red Line El station.

* Sun-Times | As Sundays on State returns, businesses say street festivals are a welcome boost: “The goals of Sundays on State is to accelerate the Loop economy, but also unite the community and provide opportunities to businesses that may not typically have this chance,” Gibson said. More than 90% of street activations will be operated by underrepresented businesses, including 74% women-owned ventures, 31% minority-owned companies and 11% that are LGBTQ+-owned.

* WBEZ | Yoko Ono, Theaster Gates, Bob Faust and more dominate Chicago’s busy must-see art calendar for fall: Myriad facets of this cultural dynamo will be open for exploration in “Yoko Ono: Music of the Mind,” a touring exhibition on view Oct. 18–Feb. 22, 2026, at the Museum of Contemporary Art Chicago, 220 E. Chicago Ave. The MCA is the show’s only U.S. venue. This large-scale retrospective — organized by the Tate Modern in London, where it drew record crowds — features more than 200 objects, including a cross-section of Ono’s installations and physical artworks. And while “Music of the Mind” is sure to dominate the Chicago art world’s attention this fall, there are plenty of other notable exhibitions worth visiting. Here are 10 others.

*** Cook County and Suburbs ***

* Tribune | As other NFL teams build new stadiums, the Bears will soon release plans for a new dome in Arlington Heights: Bears President Kevin Warren and other officials are meeting regularly to refine their plan with Arlington Heights village officials. Sometime in September, October or November, the team will make a public presentation and answer questions about the 326-acre site, according to Arlington Heights Mayor Jim Tinaglia. Then the village planning, design and housing commissions will review the proposal before it goes to a Village Board vote. The whole process could take a few months.

* Tribune | Records show the VA failed to treat a Plainfield father’s common infection. Now he’s paying the price.: And now they’re left to wonder: How could something like this have happened? How could personnel they trusted at the VA miss something so obvious? The weeks that changed everything are detailed in their lawsuit, and supported by medical records and documentation they shared with the Tribune. It all began on July 21, 2023, when Walker was admitted to Hines after suffering from fatigue, a cough and a swollen leg. Records show a blood test detected the presence of Streptococcus mutans, a common bacterial infection, and the next day the lab reported the discovery to Walker’s doctor. The diagnosis, though, never made it to Walker or his wife.

* Tribune | Study finds Kaegi has improved fairness in Cook County property assessments: Berry, director of the U. of C.’s Mansueto Institute for Urban Innovation, acknowledged taxpayers might be skeptical of the findings. “How can Kaegi be making assessments more fair, when my tax bill is going up?” Berry said in an interview with the Tribune. Homeowners were unlikely to feel the difference because property tax levies set by local governments each year have continued to rise, he noted. The city of Chicago’s levy has gone up by 19% since 2018. The Chicago Public Schools levy has gone up by 24%. Even so, “the important thing is the assessments don’t determine whether tax bills are going up or down on average, just how it’s spread amongst properties,” Berry said.

* Daily Herald | Geneva group’s plan to host Jan. 6 organizer draws pickets, protests: The conservative Three Headed Eagle Alliance’s Sept. 23 gathering at Eagle Brook Country Club was scheduled to feature Rhodes, who was convicted of seditious conspiracy in connection with Jan. 6, 2021, attack on the U.S. Capitol and sentenced to 18 years in prison, as its guest speaker. However, the Three Headed Eagle’s website now states the venue for Rhodes’ appearance has been changed and will be announced closer to the date. Rhodes was released from prison in January after President Donald Trump commuted his sentence, amid a flurry of pardons and clemencies granted to those convicted in the Jan. 6 assault on the Capitol.

* Aurora Beacon-News | Aurora looks to recreate downtown organization: The former organization, known as Aurora Downtown, used to manage funds generated by a special tax applied to property within the downtown area, or more specifically within Special Service Area Number One. Using those funds, the organization worked to support property owners and businesses, plus develop new businesses, within downtown through things like marketing, improvements, events and more. Last year, that organization’s board voted to combine with three others — the Aurora Regional Chamber of Commerce, Invest Aurora and the Quad County African American Chamber of Commerce — to become the Aurora Regional Economic Alliance. The idea was to bring these separate economic organizations under one umbrella to combine their efforts and cut out repeat functions.

* Naperville Sun | Naperville to extend food and textile recycling programs following success: “These programs are really a response to what our residents are asking for,” said Ben Mjolsness, Naperville’s sustainability manager. “We’ve heard, ‘What can I do with clothing? What can I do with sheets? What can I do with towels? I don’t want to throw them away and have them be buried forever.’” With the textile program, residents stay in their vehicle while staff unload items, per the city’s website. Since launching in late spring, it’s seen an average of 12 to 15 cars a day drop off unwanted items, “resulting in more than 26,800 pounds of material diverted from landfills,” according to the memo submitted to the city manager’s office.

* Daily Herald | Billions for a Route 120 bypass in Lake County? Some residents warn it’s a pricey ‘pie in the sky’: “It’s over $2 billion and no one is going to finance it,” said Bill Morris, a former Grayslake mayor and state senator, who warns the “pie in the sky” bypass could take years to build. The Illinois Department of Transportation Route 120 Planning and Environmental Linkages study extends from Almond Road near Grayslake to Route 60 in Volo. That stretch of 120 includes busy rail crossings that tie up traffic and configurations that shift between two and four lanes, causing bottlenecks.

*** Downstate ***

* News-Gazette | New Champaign County Board District 10 rep resigns over residency error: Democrat Jason Votava, who filled the spot vacated by Chris Stohr, said he was preparing materials for the November 2026 ballot when he “discovered a slight difference in the maps” and realized that he actually lives in District 9. “I want the people of District 10 to have the representation they deserve, and my only recourse was to resign,” he told The News-Gazette. “I am currently collecting signatures to represent District 9 and hope to return to the board next year.”

* WGLT | Police departments in McLean County say camera data not shared with immigration officers: Officer Brad Park with the Normal Police Department said the department does not share its data with any agency outside of Illinois. “We only share that information with agencies that are approved by the chief, and currently we are only sharing those with about 39 approved agencies within the state of Illinois,” he said, adding Normal police regularly audit officers’ use of the cameras to ensure the images are only being used in criminal investigations

* WCIA | Urbana Business: Mayor talks weekend ‘Philo Road Ahead’ event, potential plans for former ‘Dart’ factory: After several businesses have closed their doors along Urbana’s Philo Road, Mayor DeShawn Williams is taking the next steps to turn the southeast side of the city around. He believes one step to fixing the problem and moving things forward starts this Sunday, Sept. 7, at the Sunnycrest parking lot. The city is hosting ‘Philo Road Ahead‘ from 1 p.m. to 5 p.m. as a way to bring the community together and ‘reimagine’ what this part of Urbana could look like.

* WIFR | DeKalb Co. deputy circuit clerk accused of theft of government funds, fraud: In the spring of 2021, investigators say Walker got two PPP loans totaling $41,250, claiming she was the sole owner of a remodeling company. A police report filed in court claims Walker filed false tax returns in order to get the loans. Detectives report that during an interview, Walker admitted the home remodeling company did not exist.

* WGEM | Number of school resource officers in Adams County continues to grow: In the last two years, the Adams County Sheriff’s Office has added three School Resource Offices (SRO). Before, they had only one. Adams County Sheriff Anthony Grootens said every school district in Adams County has an SRO, but they don’t plan on stopping there. Eventually, he said he wants to hire an SRO for each school. Until then, he said the number they have has already made it easier for them to keep schools and students safe.

* Press Release | Sen. Tracy to bring Mobile DMV service to Carrollton: tate Senator Jil Tracy (R-Quincy) has partnered with the Illinois Secretary of State’s Office to host a Mobile DMV event in Carrollton. “Making government services more accessible is a priority of mine, and I’m proud to help bring the Secretary of State’s office directly to Carrollton,” said Senator Tracy in a press release. “Events like this save people time and travel while ensuring they can take care of important needs right here at home.”

*** National ***

* WaPo | Military-related work absences at a 19-year high amid deployments: Between January and August, workers reported 90,000 instances of people missing at least a week of work because of military deployments, jury duty or other civil service, according to data from the Bureau of Labor Statistics. That is more than double the number of similar absences in the same eight-month period last year, and the highest level since 2006, when President George W. Bush deployed the National Guard to Iraq, Afghanistan and the Southwest U.S. border in large numbers.

* CNN | A property tax revolt is spreading — with help from key conservatives: For decades, property taxes have underwritten the basic functions of local government — schools, parks, roads, police and fire departments, trash collection. But as home values have surged, tax bills have ballooned in tandem, fueling what David Schleicher, a Yale professor of local government, described as a “property tax revolt” shaking cities and states alike. “This is a really big trend that is below the radar because it doesn’t involve President Trump,” Schleicher said. “But it doesn’t need fireworks to announce itself. It’s already changing our relationship with government and how schools work and property markets.”

* The Atlantic | Just How Bad Would an AI Bubble Be?: The dot-com crash was bad, but it did not trigger a crisis. An AI-bubble crash could be different. AI-related investments have already surpassed the level that telecom hit at the peak of the dot-com boom as a share of the economy. In the first half of this year, business spending on AI added more to GDP growth than all consumer spending combined. Many experts believe that a major reason the U.S. economy has been able to weather tariffs and mass deportations without a recession is because all of this AI spending is acting, in the words of one economist, as a “massive private sector stimulus program.” An AI crash could lead broadly to less spending, fewer jobs, and slower growth, potentially dragging the economy into a recession. The economist Noah Smith argues that it could even lead to a financial crisis if the unregulated “private credit” loans funding much of the industry’s expansion all go bust at once.

* Bloomberg | S&P Warns of Reinsurer Protections as Catastrophe Risks Escalate: As natural catastrophes become more frequent and destructive, a key backstop intended to help cover losses has gotten harder to access. The reinsurance industry, which exists to help primary insurers cope with losses when disaster hits, has taken significant steps to shield itself against the financial fallout of storms, floods and other severe weather events, according to S&P Global Ratings.

* SCOTUS Blog | Group of small businesses calls on Supreme Court to decide tariffs case : A group of small businesses challenging the tariffs imposed by President Donald Trump in a series of executive orders urged the Supreme Court to provide a definitive ruling on the legality of those tariffs. In a five-page brief filed on Friday afternoon, the challengers encouraged the justices to act quickly, telling them that the tariffs are “inflicting profound harms on” their companies, which are “suffering severe economic hardships as a result of the price increases and supply chain interruptions caused by the tariffs.” “[T]hese impacts,” the challengers stressed, “are ‘not survivable.’”

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Good morning!

Monday, Sep 8, 2025 - Posted by Rich Miller

* For Kyle , Caryn, Blake and the entire Hillman family and all their many, many friends

Come on home
Come on home
No you don’t have to be alone
Come on home
Come on home
No you don’t have to be alone
Just come on home

More here. Big hugs to everyone.

What’s up by you?

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Monday, Sep 8, 2025 - Posted by Rich Miller

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Selected press releases (Live updates)

Monday, Sep 8, 2025 - Posted by Isabel Miller

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Live coverage

Monday, Sep 8, 2025 - Posted by Isabel Miller

* Click here and/or here to follow breaking news. Hopefully, enough reporters and news outlets migrate to BlueSky so we can hopefully resume live-posting.

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PREVIOUS POSTS »
* Two more Republican-filed Enrolled Bill Doctrine lawsuits fail
* When RETAIL Succeeds, Illinois Succeeds
* Isabel’s morning briefing
* Good morning!
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* Selected press releases (Live updates)
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