Another day, another lawsuit
Monday, Jan 23, 2023 - Posted by Rich Miller
* Serious COVID flashback vibes…
On Monday, former Republican nominee for Attorney General Tom DeVore and former Illinois State Senator and Republican nominee for governor Darren Bailey filed a lawsuit in White County, challenging Democratic Gov. JB Pritzker’s assault weapons ban, after an Effingham County Judge issued a temporary restraining order late Friday night while the lawsuit proceeds.
The lawsuit raises the same claims as the one filed last week in Effingham County and names Gov. JB Pritzker, State Senate President Don Harmon, D, Illinois House Speaker Christopher Welch, D, and Attorney General Kwame Raoul, D, as defendants.
The lawsuit names over 1,600 plaintiffs, including Bailey; 68 federal firearms dealers and 92 counties, and is based on alleged violations of the Illinois Constitution. One alleged violation is of the Equal Protection Clause, because the Assault Weapons Ban provides exemptions for certain groups – for instance, active and retired law enforcement are exempted from the ban, as well as active military and private security guards.
Retired military, however, much like the general population, are not exempted from the ban. DeVore argues that these exemptions create unconstitutional classes of citizens where legislators have decided who is subject to the ban and who is not.
A hearing is scheduled for this Wednesday at 9:00 am at the White County Courthouse.
The complaint is here.
* Meanwhile, from the appeal filed today by the attorney general’s office of that aforementioned Effingham ruling…
The circuit court’s determination that plaintiffs had a clear right in need of protection and were likely to succeed on the merits was based on an incorrect view of the law. Accordingly, the court necessarily abused its discretion.
First, the court incorrectly held that the Act likely violates the single-subject rule. That rule prevents “the combination of unrelated subjects in one bill to obtain support for the package as a whole, when the separate parts could not succeed on their individual merits.” Kane Cnty. v. Carlson, 116 Ill. 2d 186, 214 (1987). It “does not impose an onerous restriction on the legislature’s actions” but “leaves the legislature with wide latitude in determining the content of bills.” Johnson v. Edgar, 176 Ill. 2d 499, 515 (1997). Indeed, the legislature must “go very far to cross the line to a violation of the single subject rule.” Id. at 515-16. […]
Rather than examine the provisions of the Act, it looked primarily to the Act’s title and concluded that because the title did not explicitly mention firearms, the Act violated the single-subject rule. SR2010. As support, the court relied on People v. Boclair, 202 Ill. 2d 89 (2002). But in Boclair, the Illinois Supreme Court rejected the circuit court’s approach: the Court explained that “an act’s title is not necessarily dispositive of its content or its relationship to a single subject,” and on this basis “reject[ed]” the “heavy reliance on [the act’s] title to support [the single- subject] claim.” Id. at 109. The circuit court also incorrectly suggested that the Act violates the single-subject rule because it references human and illegal drug trafficking alongside illegal firearms trafficking. SR2010. On the contrary, the trafficking provision relates to the regulation of firearms because all of the crimes identified are frequently perpetrated with firearms. […]
Second, the circuit court wrongly held that plaintiffs were likely to succeed on their claim that the Act violates the three-readings requirement in Article IV, section 8(d) of the Illinois Constitution. But section 8(d) further provides: “The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met.” Ill. Const. art. IV, § 8(d). This is known as the “enrolled bill doctrine”; it “mean[s] that, upon certification by the Speaker and the Senate President, a bill is conclusively presumed to have met all procedural requirements for passage,” including the three-readings requirement.
The Illinois Supreme Court has consistently held that the enrolled bill doctrine precludes litigation challenging certified legislation for failure to comply with the three-readings requirement. E.g., Friends of Parks v. Chi. Park Dist., 203 Ill. 2d 312, 328-29 (2003) (collecting cases). The circuit court recognized that the enrolled bill doctrine foreclosed this claim, but declared it was “time to revisit this practice,” and concluded plaintiffs were likely to succeed on this claim based on the Illinois Supreme Court’s decades-old remark that it “‘reserve[d] the right to revisit this issue.’” SR2011 (quoting Geja’s Cafe, 153 Ill. 2d at 260). But while the Illinois Supreme Court reserved its right to revisit this issue, circuit courts cannot declare “precedent a dead letter.” Yakich v. Aulds, 2019 IL 123667, ¶ 13. Because the enrolled bill doctrine unambiguously remains good law, “the [circuit] court committed serious error by not applying it.”
Third, the circuit court’s conclusion that plaintiffs are likely to succeed on their procedural due process claim represents another misapplication of the law. A plaintiff may not base a due process claim on the alleged violation of a different constitutional provision. See People v. Patterson, 2014 IL 115102, ¶ 97; In re A.C., 2016 IL App (1st) 153047, ¶ 60. But that is precisely what plaintiffs are doing here: their due process claim rests entirely on the legislature’s alleged failure to comply with the single-subject and three-readings clauses of the Illinois Constitution.
Furthermore, plaintiffs have failed to identify an individual property interest, which is a necessary element of a procedural due process claim. Vill. of Vernon Hills v. Heelan, 2015 IL 118170, ¶ 31. Plaintiffs have no such interest in the single-subject or three-readings clauses. Not only that, Illinois courts have recognized that the legislative process itself affords any process due. […]
The circuit court recognized these obstacles, yet declined to apply them based on its conclusion that the enrolled bill doctrine should be eliminated. SR2012. But as explained, only the Illinois Supreme Court may overrule its own interpretation of the Illinois Constitution, and the enrolled bill doctrine’s place within it.
There’s lots more. But that appellate court is gonna be a very hostile environment, to say the least.
…Adding… With a hat tip to a commenter, you gotta check this out. It’s like he didn’t prepare for the assignment and was called to the front of the class to explain the topic…
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COVID unemployment insurance loan paid off
Monday, Jan 23, 2023 - Posted by Rich Miller
* Press release…
Immediately after receiving word that Governor Pritzker had signed the budget bill (SB 2801) authorizing repayment of the remainder of the COVID-19 unemployment insurance Comptroller Susana A. Mendoza Monday began making the transfers of $1.37 billion so that IDES could pay the federal government.
The payoff saves Illinois $20 million in interest costs that would have been due in September had the loan not been paid off. Other states such as California, New York and Connecticut have yet to pay off their COVID-19 unemployment insurance loans.
In preparation for this day coming, Comptroller Mendoza had directed staff to begin setting money aside so the check could be sent the moment Governor Pritzker signed the bill passed by the General Assembly in recent days and save on interest.
“We have been preparing for this day to pay back the remainder of the COVID-19 unemployment insurance loan and stop the interest-meter running for taxpayers,” Comptroller Mendoza said. “This is one more sign Illinois is earning the upgrades from the bond-rating agencies who see the work we have done to fix Illinois’ finances.”
The agreement announced by Governor Pritzker in November between business and labor negotiators, bipartisan members of the General Assembly and the administration to use $1.37 billion in better-than-expected state revenues to pay off the remainder of the $4.5 billion loan eliminated the need to ask state businesses to pay more into the fund or to cut unemployment benefits for state workers.
The COVID-19 pandemic in 2020 caused unprecedented unemployment claims as businesses shut down, patrons stayed home from restaurants and theaters and business owners had to lay off workers. Illinois, like other states, exhausted its reserves of funding for unemployment claims and needed advances from the federal government.
The agreement will contribute more than $1.8 billion in state funds to the unemployment insurance trust fund. In addition to paying off the $1.37 billion to the federal government, an additional $450 million will be placed into the trust fund from state funds as an interest-free loan to help strengthen the fund. As the loan is repaid over the next 10 years, funds will be deposited directly into the state’s Rainy Day Fund.
“Any chance the state has to contribute more money to the Rainy Day Fund, we should take,” Comptroller Mendoza said. “Catching up to other states’ Rainy Day reserves signals to the bond-rating agencies how serious Illinois is about fixing our finances. That leads to credit upgrades, which means lower costs for taxpayers.”
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ChatGPT is starting to win me over
Monday, Jan 23, 2023 - Posted by Rich Miller
* Hmm…
That tweet was shared on a groupchat I’m in and, since I don’t use ChatGPT, I asked the others what I could use the AI site to do. One participant suggested this…
Explain why the Illinois Freedom Caucus is not an effective political force within the Illinois General Assembly.
* The artificial intelligence site’s response…
The Illinois Freedom Caucus is a group of conservative and libertarian lawmakers in the Illinois General Assembly who advocate for limited government and fiscal responsibility.
While the group may have some influence on the legislative agenda, it is not considered to be an effective political force within the Assembly for several reasons:
• Lack of numbers: The Freedom Caucus is a relatively small group within the General Assembly, and therefore lacks the numbers to effectively push their agenda or control the outcome of votes.
• Limited influence within their own party: Even among Republicans, the Freedom Caucus’ conservative and libertarian views may not align with the majority of the party, making it harder for them to gain support for their initiatives.
• Limited resources: Without significant financial resources, the Freedom Caucus may struggle to effectively advocate for their positions and influence the legislative process.
• Political climate: In Illinois, the Democratic party holds a large majority in both chambers of the General Assembly, making it difficult for the minority Republican party to advance their agenda.
It’s important to note that the political landscape and situation of Illinois Freedom Caucus may change over time and it may gain more influence and numbers in the future.
Pretty good.
Click here to ask your own questions.
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Afternoon roundup
Monday, Jan 23, 2023 - Posted by Rich Miller
* Natalie Finnie will be the new Illinois Department of Natural Resources Director. From a press release…
Finnie has served as Deputy Director of DNR since August of 2021 where she oversaw the Office of Land Management, Legislative Department, Office of Oil & Gas Management, and Office of Mines and Mineral. Prior to this, she was the State Representative of the 118th District from 2017 to 2019. She has experience as an Advanced Practice Nurse and Family Nurse Practitioner. Finnie received her Associate of Science and Bachelor of Science in Nursing at the University of Southern Indiana. She received her Master of Science in Nursing at Vanderbilt University
Former Director Colleen Callahan was asked to leave, according to her…
“I am not angry nor am I ticked off.”
That’s because she understands whether a presidential appointment, which she had earlier in her career, or the state-level, you serve at the pleasure of the leader. She admitted to being disappointed and hurt by the request.
Finnie is from the Phelps family.
According to the same release, the directors of the departments of Human Rights, Human Services, Veterans’ Affairs, Military Affairs, Agriculture, Aging, Financial and Professional Regulation, Public Health and Revenue will all be sticking around, as will the State Police Director, IEMA’s director and the Assistant Adjutant Generals of Army and Air. No word yet on embattled DCFS Director Marc Smith.
* A study for the Citizens Utility Board ranked Illinois fifth in the nation for overall utility performance.
Illinois ranked 19 out of 51, including DC, for total energy cost per household. Our annual household energy spending was $1,795 in 2020, compared to the US average of $1,911.
Illinois ranked 13th on energy reliability and performance in 2022, down from 5th in 2021. We were one notch below the national average for restoring power when factoring in “major event days” at 358 minutes in 2020. Without major event days factored in, we were 5th in the nation, at 85 minutes.
Illinois was 12th in the nation on environmental rankings in 2020, up eight notches. The state of Washington was first, West Virginia was dead last. And Illinois was 10th in the nation in renewable electric generation in 2021. As far as “clean” generation goes, we ranked 2nd.
* I love this Jim Durkin story from Sneed’s latest…
In 2019, Durkin received a “regal invitation” to a private reception for Great Britain’s Princess Anne in Chicago.
“I was stunned,” he said. “Well, well, I’ve certainly come a long way from the small house I shared with my brothers Tom, Kevin, Terry, Mike, Pat, Bob and Bill in our middle-class neighborhood, where I always sat at the little kids table. I had arrived!
“So I followed all the protocols, even curtsied … bowed my head … although Princess Anne seemed to roll her eyes when I told her I was head of the Illinois Republican House.
“But, at the end of the reception, I found out my invitation was a mistake. I had been confused with U.S. Sen. Dick Durbin!”
* From Rep. Ann Williams’ constituent newsletter…
Just two years ago, in January 2021, we began the 102nd General Assembly meeting in the cavernous Bank of Springfield Convention Center, with our desks six feet apart amid an ongoing pandemic. Along with 18 of my colleagues, I pushed for new leadership in the Illinois House and welcomed Emanuel “Chris” Welch as the first black Speaker to guide us through a challenging time of transition - and accomplishment. We established Illinois as a global leader in clean energy through passage of the Climate and Equitable Jobs Act (CEJA) and passed a sweeping criminal justice reform package. We supported small businesses and our healthcare system through unprecedented times, balanced our budget and earned six credit rating boosts as a state. It was a whirlwind few years.
The end of the 102nd GA - the remaining few days in January referred to as the ‘lame duck’ session - was no different. We wrapped up the session by passing an assault weapons ban, increasing access to reproductive healthcare and gender affirming care, ramping up renewable development as a follow-up to CEJA, providing for greater investment in the revenue-generating tourism and hospitality industries, and more.
Quite the ride.
* Don’t be naughty…
* Greg Hinz…
A new poll released today by Mayor Lori Lightfoot’s campaign indicates that while her support has softened a bit in the last month as she’s come under strong attacks from rivals, she’s still ahead a tad.
But the poll also indicates that former Chicago Public Schools chief Paul Vallas is surging and now is in a statistical tie with Lightfoot for the lead. […]
The survey has a margin of error of plus or minus 3.5 percentage points.
Some numbers…
Lightfoot 25%
Vallas 22%
Garcia 18%
Wilson 11%
Johnson 9%
Unsolicited advice: Garcia needs to get himself on the teevee and stop talking about Congress. Almost everybody hates Congress.
* Friendly reminder…
…Adding… From the Sangamo Club…
Dear Sangamo Club members:
We received numerous communications from people who believe the Sangamo Club is closing following the SJR article dated January 19, 2023.
We are not closing. Whether we sell the building or not, we intend to remain open. We have a new chef who has greatly improved our menu, our kitchen, and our service. We hope to be in business for another 133 years.
…Adding… Press release…
Today, Congressman Jesús “Chuy'’ García, candidate for Mayor of Chicago, received the endorsement of State Senator Ram Villivalam, 40th Ward Alderperson Andre Vasquez, the 39th Ward Democratic Organization, and Vote Assyrian.
“Chuy is my choice for Mayor. As a state legislator, I know that we will have a strategic partner in Chuy to work together in a collaborative manner and best serve our constituents,” said Villivalam. “I’ve seen how Chuy works with communities across our city and brings their voices to the halls of Congress. I am thankful for his invaluable work to deliver billions of federal dollars and investments during the pandemic that saved our city and paved the way for historic improvements in transit and infrastructure across Chicagoland.”
* Isabel’s afternoon roundup…
* Crain’s | Durbin leads Democrats critical of Biden over documents mess: Biden should be “embarrassed by the situation,” Senate Majority Whip Dick Durbin said Sunday on CNN’s “State of the Union.” Durbin, a Democrat from Illinois, said the crisis meant Biden no longer held the moral high ground on an issue that had hurt Donald Trump, the former president and Biden’s 2024 rival. An FBI search last year of Trump’s Mar-a-Lago residence revealed he had taken boxes of classified material with him to Florida.
* Talking Points Memo | Certainly Illinois Can Do Better Than Dick Durbin: I’ve been hearing from people in and out of the political world saying things like this: folks like Dick Durbin really need to retire. Yes, I’m talking about his Sunday show appearance yesterday and his commenting on the Biden classified documents. What I’m describing here isn’t only about Dick Durbin. But he is one of the prime offenders.
* Pro Publica | Pressure Mounts for Hospice Reform: Industry leaders are not the only bloc pressuring CMS for greater hospice oversight. Senators and government watchdog agencies are also pushing the agency for concrete changes. Last week, the Government Accountability Office released a report asking that hospices be required to report observations of abuse and neglect, regardless of whether the alleged perpetrator works at the hospice. MedPAC, the congressional advisory panel on Medicare spending, has again endorsed modifying the hospice payment structure to reduce part of the financial incentive for enrolling ineligible patients. And in late December, the inspector general’s office at the Department of Health and Human Services announced that curbing the abuse of hospice patients was among its top unimplemented recommendations.
* NPR | Changes appear to be coming for how wind and solar arrays are sited in Illinois: Wind arrays in particular have created controversy, usually from landowners of properties neighboring those participating in the projects. The state law would create a setback requirement of 1.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of nonparticipating properties, or 2.1 times for nonparticipating residences. The law also requires occupied community buildings or nonparticipating residences not experience more than 30 hours of shadow flicker per year. Those are the moving
* Tribune | Park Ridge-Niles School District 64 Superintendent Olson resigns: At a December Board meeting, an organized group of district parents called on the board to fire Olson over an attempt to move the traditional Holiday Sing to a Spring Sing. Some parents also questioned the district’s hiring of a Diversity, Equity and Inclusion consultant.
* Crain’s Editorial Board | The Loop crisis merits a higher priority on the mayoral campaign trail: Crain’s and Bloomberg News report, almost $175 billion of real estate credit around the world is distressed—about four times more than the next biggest industry. As the toll from higher interest rates and the end of easy money mounts, many global real estate markets are almost frozen. Weak demand and a surge of sublease offerings from companies trying to shed unneeded workspace are forcing landlords to shell out huge amounts of cash and other perks to get deals done, while pushing some to surrender their properties to their lenders rather than face foreclosure battles.
* Beacon News | North Aurora police say new comfort dog will help them reach out to community: A 26-year veteran, Patrolman David Parr, 47, is now the handler for a new police comfort dog dubbed “Indy” - a 2-year-old black Labrador that joined the North Aurora Police Department last month. Already a dog owner himself, Parr said the new “officer” remains a work in progress but is convinced his new partner – whose full name is Indiana Jones - will deliver in the clutch whenever called upon.
* Journal Courier | State police plan enforcement campaigns in Sangamon: Officers will look for motorists driving in an unsafe manner, driving with a suspended or revoked license, transporting open alcoholic beverages or violating one of the “fatal four” laws — driving under the influence, speeding, driving while distracted, or not using safety belts and child restraints. They are called the fatal four because they are involved in the majority of traffic crashes and deaths.
* WGN | GoFundMe created for man with special needs critically wounded in Back of the Yards shooting: “He has a long road to recovery, so you can imagine how this will forever impact his and his family’s life. We are hoping his vision is not too affected by this as he uses vision boards to communicate,” the fundraiser reads. Police said Rega was waiting for a school bus along with his father and 15-year-old brother, who also has special needs, on Jan. 18 in the 4700 block of South Wolcott.
* WaPo | Even after New Mexico shootings, little GOP reckoning over election denialism: After Peña’s arrest, Republican leaders condemned the attacks, which included a spray of bullets into a 10-year-old’s bedroom, and acknowledged that the former candidate’s criminal history should have been a red flag. There was far less apparent interest in a reckoning over Peña’s beliefs in widespread voter fraud, a false theory pushed relentlessly by former president Donald Trump and his supporters.
* Crain’s | How abortion pills could be advertised after retail pharmacy ruling: Walgreens and CVS intend to become certified to sell the pill, according to brand spokespeople. CVS does not plan to advertise mifepristone or misoprostol, a representative said. Walgreens declined to say if it will advertise the pills.
* Herald-Whig | United Alloy picks Quincy for third manufacturing facility: “We’re going to start out in a 24,000 square foot space we’re leasing on Commercial Drive,” Lodahl said. “Somewhere down the road, we’d like to either find a larger space to get into, or find some dirt that we can build up on.”
* Crain’s | Choose Chicago gets $5.5 million in COVID relief funds: The three-year grant is part of the city’s Chicago Recovery Plan to “amplify once-in-a-generation federal funding to create an equity-based investment strategy to catalyze a sustainable economic recovery from the COVID-19 pandemic.”
* Vox | Your segregated town might finally be in trouble: The Biden administration’s housing department proposed a new rule last week that would require virtually all communities across the US to create plans to address local housing discrimination or face a penalty, including the potential loss of billions of dollars in federal funding. Essentially, any city or county that accepts HUD grant money — large and small, rural, urban, and suburban — would have to comply.
* Center Square | Feeding deer does more harm than good, forest preserve officials say: “The state has banned the feeding of deer in Illinois because they do not want chronic wasting disease to spread,” she said. Cain said CWD is a cruel disease that causes a long slow death for infected deer. It is impossible to tell by looking at a deer if it has been infected with CWD. It takes at least 18 months for a deer that is infected to show symptoms. The only way to contain the spread of CWD is to keep deer from intermingling.
* WaPo | FDA proposes switching to annual coronavirus vaccine, mimicking flu model: The proposed change is designed to reduce the complexity of the vaccine regimen for the public, doctors and manufacturers. It also reflects a view that “chasing variants” with ever-changing booster formulations is ultimately futile, in part because the public has little interest in getting repeated injections, according to a person familiar with the situation who spoke on the condition of anonymity because they were not authorized to speak publicly about it.
* AP | Is tipping getting out of control? Many consumers say yes: Some fed-up consumers are posting rants on social media complaining about tip requests at drive-thrus, while others say they’re tired of being asked to leave a gratuity for a muffin or a simple cup of coffee at their neighborhood bakery. What’s next, they wonder — are we going to be tipping our mail carriers and dentists, too?
* Sun-Times | Bob Dylan’s expanded 1997 masterpiece ‘Time Out of Mind’ reveals new layers: The 17th volume of Dylan’s bootleg series archival release series, reveals even more layers to the record that reset the trajectory of Dylan’s career. It also proves, yet again, that Dylan’s discards are as good or better than most people’s official catalogue.
* AP | Elon Musk testifies in second day of Tesla tweet trial: Musk, who said he “had trouble sleeping last night and unfortunately I am not at my best,” testified that it was important for jurors to know that he “felt that funding was secured” due to his ownership of “SpaceX stock alone.”
* Sun-Times | ‘Surreal’: 70 Chicago-area high school seniors receive full-ride scholarships through golf caddying: Each summer throughout high school, the students in the program spend several weeks living with other students, working as caddies and prepping for college entrance exams. As caddies, the students wake up at 6 a.m. each day to carry heavy bags, walk all 18 holes and assist golfers during their games.
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Question of the day
Monday, Jan 23, 2023 - Posted by Rich Miller
* Your thoughts on Chicago Tonight moving to a half-hour slot at 10 pm? Explain…
…Adding… This story from Crain’s might help you answer the question…
Analysis by the Pew Research Center shows that viewership for local news stations has outpaced cable and network TV, especially in the time slots of evening and late-night news.
Though local news is beating out its counterparts, the move also comes at a time when TV viewership is shrinking overall. Pew Research also shared that “more than eight-in-ten U.S. adults (86%) say they get news from a smartphone, computer or tablet ‘often’ or ’sometimes.’” […]
[Jay Smith, WTTW news director and “Chicago Tonight” executive producer] believes there is enough room for everyone to succeed in the time slot. “I think there are some people that will be happy to have an alternative and happy to have a different type of newscast. Certainly, there are the newscasts that everyone is doing at 10 o’clock (that) serves an audience as well. But I do think there’s an appetite for some kind of deeper reporting, analysis and sort of thoughtful looks into stories that we will be providing at 10 o’clock.” […]
Recently retired media columnist Robert Feder said that the move matters less today than it would have 20 years ago, stating that it’s less about getting a bigger audience and more about their online platform.
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DeSantis and Pritzker
Monday, Jan 23, 2023 - Posted by Rich Miller
* I think this has more to do with negativity vs. positivity. Nobody would ever call DeSantis a happy warrior…
* Transcript…
DeSantis: We said we would ensure that Florida tax lightly, regulated reasonably and spent conservatively, and we delivered.
Pritzker: We balanced the budget and got credit upgrades. We raised the minimum wage. We legalized cannabis. [Applause] Oh, I see all of you. Yeah.
DeSantis: We said we would end judicial activism by appointing jurists who understand the proper role of a judge is to apply the laws written, not legislate from the bench.
Pritzker: We took nation-leading climate action that’s growing our energy production. We protected reproductive freedom in our laws.
DeSantis: Many of the cities and states have embraced faddish ideology at the expense of enduring principles. We reject this woke ideology. We will never surrender to the woke mob. Florida is where woke goes to die.
Pritzker: Amid a rise in intolerance and fascism throughout the United States, Illinois has decisively moved to protect civil rights, human rights and voting rights.
DeSantis: We will enact more family-friendly policies and we will defend our children against those who seek to rob them of their innocence.
Pritzker: That’s why I propose we go all in for our children and make preschool available to every family throughout the state.
DeSantis: And we must ensure that our institutions of higher learning are focused on academic excellence and the pursuit of truth, not the imposition of trendy ideologies.
Pritzker: Racism, anti semitism, xenophobia, misogyny, homophobia have existed in some form or another throughout our entire history, amplified by elected officials or political grifters who look to harness the tremendous power of hate for their own ambition.
DeSantis: We will always remain a law and order state. We will always support law enforcement and we will always reject soft on crime policies that put our communities at risk.
Pritzker: When I campaigned for re-election and promised to pass an assault weapons ban, eight states already had one. Very soon, Illinois must be the ninth.
DeSantis: Florida’s success has been made more difficult by the floundering federal establishment in Washington, DC. This has caused many to be pessimistic about the country’s future, some even say that failure is inevitable.
Pritzker: Hate needs two things to thrive. The sense of helplessness that fertilizes hopelessness and the willingness of powerful people to cower in front of a lie.
DeSantis: Florida is proof positive that we the people are not destined for failure, and we thank God and are proud to be citizens of the great free state of Florida.
Pritzker: I’m honored to stand alongside you as we face the battles ahead, as one Illinois
Thoughts?
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Adventures in local politics
Monday, Jan 23, 2023 - Posted by Rich Miller
* What is she even trying to say?…
Judges award those certificates, and if anyone is worried that they’ll be treated like Jon Burge, of all people, then why do you want them on the force?
* If they have a room they rent out to the general public, that’s one thing. But they still probably shouldn’t be doing it…
* It would’ve been so much cheaper and easier to just, you know, get enough valid signatures to begin with…
A Danville man trying to get his name on the April 4 ballot for mayor got a third no Friday, this time from a Vermilion County judge.
“It didn’t go the way we wanted,” Jacob Lane said.
Lane had petitioned the Fifth Judicial Court to have his name reinstated after the Danville Election Commission ruled last month that he could not appear on the ballot due to insufficient signatures from registered voters. The ruling was the result of an objection filed by incumbent Mayor Rickey Williams Jr.
A minimum of 225 valid signatures from registered voters were required. Lane’s nominating petition contained 231 signatures, but the election commission ruled 22 of those were invalid for various reasons.
* Yikes…
When the Feb. 28 primary election rolls around, Kankakee County Clerk Dan Hendrickson’s day will not be as hectic.
There are no contested primary races, thus he can focus on early voting for the April 4 general election.
“It’s the first time in 25 years, I think, that we will not have a contested primary,” Hendrickson said. He has been with the county clerk’s office for 29 years.
Anything going on by you?
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* From comments on Friday following ruling by a judge in Effingham County on the state’s assault weapons ban…
This presents an issue. One of [Tom DeVore’s] clients is an FFL [Federal Firearms License-holder]. The ban on sales no longer applies to them. So 2 things.
A. Are they only permitted to sell to the other plaintiffs?
B. Either way on A. those would be legally purchased firearms that were purchased after the effective date. Now if it survives the real challenge the State has to decide how to handle that. Are they grandfathered?
More statewide chaos thanks to a local judge.
* My weekly syndicated newspaper column focuses on a different part of the new law…
“All they are saying,” claimed Illinois Sheriffs’ Association Executive Director Jim Kaitschuk about dozens of his members, is, ‘we’re not going to knock on people’s doors to ask whether they have registered their firearms. And if they’re arrested solely on that charge, we will not house them in our jails until ordered to do so by a competent authority.”
Springfield’s WICS TV reported that Kaitschuk also believes the reaction to what those sheriffs have said about refusing to enforce the state’s new assault weapons ban because of their constitutional objections has been “overblown.”
Well, when you put it that way, maybe so. But if that’s the case, then why even facilitate the release of a nearly identical statement by as many as 90 (according to Kaitschuk) county sheriffs saying they won’t enforce a law?
Kaitschuk admitted to Chicago’s ABC 7 that there’s nothing in the law mandating local compliance checks. “That is not a charge that is provided to us or mandated to us in the bill that passed and was signed by the governor.”
What the sheriffs have basically done is to deliberately inflame the public for no good reason, and then tossed in an empty threat to not house violators in their jails unless they have an order from a judge.
And while there has been much rejoicing in some Downstate areas over their local sheriffs’ performative “virtue signaling,” there has been some strong pushback in the suburbs where, for instance, DuPage County Sheriff James Mendrick released one of those boiler plate statements vowing not to enforce the new registration law because he believed the statute was unconstitutional.
In response, DuPage County’s 15 Democratic state legislators released a statement saying they were “dismayed and angered by the recent pronouncement by the DuPage County Sheriff to unilaterally direct his office to flout and disregard the duly passed and signed Protect Illinois Communities Act. The sheriff has no authority to determine the constitutionality of a law — that is up to the courts.”
“The sheriff’s words send a clear message that lawbreakers are welcome here,” the statement read.
One of the signatories was Rep. Maura Hirschauer, D-Batavia, who introduced an assault weapons ban and worked her bill for months before it was taken over by more experienced hands.
Mendrick barely won election in 2018, but the Democrats didn’t field a candidate against him in 2022, which turned out to be an even stronger year for the local party.
Elections obviously have consequences.
But the sheriffs currently have significant powers in state statutes, and legislative elections can have consequences, too. Some legislators are obviously starting to get pretty fired up over the sheriffs’ behavior of late.
During the 2019 cannabis legalization debate, for instance, sheriffs disseminated tons of disinformation (one even claimed that sheriffs would be forced to euthanize all their drug-sniffing dogs). Several sheriffs sided with the far right during the COVID-19 mitigation period and refused to enforce executive orders, and many eagerly contributed to the hysteria over the SAFE-T Act. And now this.
Many legislators are former local government officials, so they’ve traditionally been reluctant to take up issues like consolidation, the limits of local authority, etc. I do not know if this latest blowup will change anything. But, at the same time, I don’t recall ever seeing a reaction quite like the one issued by those 15 state legislators today.
Lake County’s sheriff issued a statement in favor of the law, and one of the principal sponsors who helped drag the bill across the finish line, Lake County-based state Rep. Bob Morgan, D-Deerfield, had this to say on the radio the other day about the other sheriffs’ statements: “I keep coming back to the fact that I think it’s embarrassing for them. They really literally only have one job. Their job is to follow the law and enforce the law. And they’re saying, ‘We’re not going to do that.’ And so, I think they should be pretty embarrassed.”
State statute requires sheriffs, acting as their counties’ supervisors of safety, to enforce all state traffic laws. But there is no requirement to enforce other laws. And their state-mandated oaths of office require them to support the U.S. and Illinois constitutions, but not individual laws.
Law enforcement discretion is a long-accepted policy. But sheriffs issuing written statements flatly declaring they will not enforce a state law no matter what sure does appear to go well beyond that.
Crafting a law to deal with the problem, though, could be difficult.
But that leads me to wonder what these sheriffs, including the DuPage County Sheriff, will do if firearms dealers in their counties continue selling the currently banned weapons, and devices like “switches” [as pointed out in comments, switches are illegal under federal law, so that bit would apply to the other 800 or so plaintiffs and not to FFLs] to anyone not on the above list.
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Isabel’s morning briefing
Monday, Jan 23, 2023 - Posted by Isabel Miller
* Good morning! It’s Monday and here’s your roundup…
* Tribune | Chicago radio’s Lin Brehmer, a longtime WXRT DJ, has died at 68: Sunday morning came with snow, and with sorrow, in the form of the news of the death of Lin Brehmer, the hugely popular, buoyant and beloved host on Chicago radio’s WXRT-FM 93.1. The 68-year-old had previously spoken publicly about his treatment for prostate cancer. Sunday morning, fellow WXRT host and friend Terri Hemmert informed listeners of his death and said in part in a statement, “We must inform you that we all lost our best friend. Lin Brehmer fought cancer as long as he could. He passed early this morning, peacefully, with his wife (Sara) and son (Wilson) by his side.”
* Tribune | Illinois poised to require paid leave for workers: ‘Don’t we think that should be a basic human right?’: Pritzker has said he plans to sign the bill, which would make Illinois one of more than a dozen states with paid-leave policies. The measure would take effect next Jan. 1 and require an hour of paid leave be granted for every 40 hours worked, with employees able to accrue five days of leave every year.
* Jim Dey | Filing indicates appeasing Madigan was often complicated: The rule at ComEd, the filing asserts, was to do whatever it took to keep the powerful Chicago Democrat happy. In return, ComEd knew from experience, Madigan wouldn’t block ComEd-favored initiatives in the legislature. But what happened if ComEd couldn’t make Madigan happy?
* Sun-Times | Put ComEd, Peoples Gas rate increase requests under the microscope: Consumer advocates are calling the avalanche of rate increase requests “preposterous.” The Illinois Commerce Commission will need to work overtime to ensure consumers aren’t hit with unfair price hikes.
* Daily Herald | Too naughty to drive: Why Illinois rejected nearly 400 license plate requests in 2022: There are nearly 1 million vehicles on the road with vanity or personalized license plates issued by the Illinois secretary of state’s office. But there are 7,387 alphanumeric combinations requested for such license plates over the years that will never make it to a vehicle’s bumper, including 383 rejected in 2022 alone.
* Michael Sneed | Jim Durkin’s shining career had its share of comical miscues : “I worked hard to ensure my identity when I entered the Legislature,” said Durkin, one of eight brothers raised by an Irish Catholic labor union Democrat father in Westchester. “Then… during the last days of my first session…. a senior Republican approached me on the floor and asked me to get her a cup of coffee! In a second, I was mistaken for a House page. My big splash had evaporated.”
* The Atlantic | What the Tech and Media Layoffs Are Really Telling Us About the Economy: Google’s parent company, Alphabet, today announced that it plans to cut 12,000 jobs, joining a tech-and-media layoff list that already includes Microsoft, Meta, Amazon, Salesforce, Snap, Twitter, and Warner Bros. Discovery. According to one estimate, roughly 130,000 people have been dismissed from their jobs at large tech and media companies in the past 12 months. That’s roughly equivalent to the total number of people who worked at Apple before COVID hit.
* Center Square | More court action expected after temporary restraining order issued against Illinois gun ban: There are other pending cases. One state-level case is in Crawford County. That awaits a judge assignment. A federal case in the Southern District of Illinois has yet to schedule a hearing
* Bloomberg | Citadel’s $16 Billion Win Tops Paulson’s Greatest Trade Ever: Ken Griffin’s Citadel churned out a record $16 billion in profit for clients last year, outperforming the rest of the industry and eclipsing one of history’s most successful financial plays. The top 20 hedge fund firms collectively generated $22.4 billion in profit after fees, according to estimates by LCH Investments, a fund of hedge funds. Citadel’s gain was the largest annual return for a hedge fund manager, surpassing the $15 billion that John Paulson generated in 2007 on his bet against subprime mortgages. This was described as the “greatest trade ever” in a subsequent book of the same name by Gregory Zuckerman.
* Triibe | 2023 before the polls: Meet Chicago’s black mayoral candidates: Mayor Lori Lightfoot is running for a second term. But there are eight other candidates vying for her seat. In our profile series, Before the Polls, we sat down with each Black mayoral candidate to see if they have what it takes to lead Chicago into an equitable future.
* WMBD | Illinois lawmaker introduces psychedelic therapy legislation: State Rep. La Shawn Ford (D-Chicago) has introduced legislation to create a state-regulated psychedelic therapy program. The Compassionate Use and Research of Entheogens Act (CURE) Act would legalize psilocybin, the psychedelic compound found in magic mushrooms, in licensed medical settings.
* AP | Lawmakers seek to bar insurrectionists from holding office: New York, Connecticut and Virginia are among states where proposed legislation would prohibit anyone convicted of participating in an insurrection from holding public office or a position of public trust, such as becoming a police officer.
* SJ-R | Cinnamon Catlin-Legutko, director of Illinois State Museum, passes away: Cinnamon Catlin-Legutko, who headed the Illinois State Museum since 2019, died Saturday, according to a statement from the Illinois Museum Association Board. She was 50. Catlin-Legutko recently had been appointed by President Joe Biden to the Route 66 Centennial Commission. The centennial of the Mother Road is in 2026.
* Tribune | $5.5 million grant aims to expand tourism in 12 more underrepresented neighborhoods: This year, Choose Chicago was awarded $5.5 million more by the Chicago Department of Cultural Affairs and Special Events to strengthen and expand the program, adding 12 new community areas, making a total of 30 neighborhoods that will benefit from the efforts to promote tourism.
* Sun-Times | Lessons from the COVID-19 pandemic can make Illinois healthier than ever: The numbers have left us numb. We have started to shut COVID-19 out of our lives. But the threat remains. COVID-19 took the lives of more than 200 Illinoisans in December, more deaths than from Ebola in the entire world last year. Many of those deaths were preventable. It is time to remind ourselves that in 2023, we have effective tools we didn’t have in 2020. And we have something even more powerful: knowledge and experience. We know now what can protect us: a vaccine, a timely test, a pill, a mask, a portable air filter, an open window or just staying home if sick.
* Journal Star | Why you might see a helicopter flying over the Illinois River this month: The U.S. Geological Survey will start sending out a helicopter towing a large hoop to make low-level flights over the Illinois River Basin as part of ongoing groundwater studies.
* Sun-Times | Brookfield Zoo offers opportunity to name hissing cockroach after an ex for Valentine’s Day: The zoo is giving donors pledging $15 the chance to name a cockroach after an ex. Names will be posted on a naming board outside the Hamill Family Play Zoo.
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Open thread
Monday, Jan 23, 2023 - Posted by Isabel Miller
* I hope you had a relaxing weekend. What’s going on in your part of Illinois today?
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Live coverage
Monday, Jan 23, 2023 - Posted by Isabel Miller
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