* Republican Illinois US Reps. Mike Bost and Darin LaHood signed on to an amicus brief with about half the Republican members of Congress in support of the Texas attorney general’s attempt to overturn the presidential election results in four states. This afternoon, Attorney General Kwame Raoul signed on to a much different amicus brief, and here’s his press release…
Attorney General Kwame Raoul, as part of a coalition of 23 attorneys general, today urged the Supreme Court to reject Texas Attorney General Ken Paxton’s lawsuit asking that the court overturn the 2020 election results in four states.
In an amicus brief filed in Texas v. Pennsylvania, Raoul and the coalition argue that Texas’ unprecedented lawsuit depends on a misreading of the Constitution’s Electors Clause. Texas’ unsupported theory clashes with a century of precedent, denies states the authority to make their own decisions about election administration and oversight, and threatens to upend basic notions of federalism and states’ rights. Further, the lawsuit depends on specious claims of voter fraud, without offering any evidence of systemic fraud in the November election. Raoul and the coalition are asking the court to throw out Texas’ lawsuit.
“It is concerning and dangerous that the president and his allies have spent the weeks following the election seeking to undermine its results, as elections are at the very core of our democracy. Further, it is unconscionable that a state attorney general would use his authority to file a frivolous, unfounded lawsuit aimed at overturning an election,” Raoul said. “The people of the states in question have spoken decisively, and I stand with my colleagues to defend their right to be heard.”
According to the Department of Homeland Security, the 2020 election was “the most secure in American history.” President-elect Joe Biden was declared the winner in Georgia, Michigan, Pennsylvania, and Wisconsin. Subsequent recounts in Wisconsin and Georgia confirmed the results, and election officials in all 50 states and the District of Columbia have now certified their results.
While the president’s campaign has continued to make allegations of electoral tampering, neither the campaign nor its supporters have produced any evidence of substantial voter fraud or other forms of wrongdoing. The president and his allies have filed 55 election-related suits since November 3, and federal and state judges have rejected their claims in all but one minor case.
Despite this, Texas Attorney General Ken Paxton, supported by 17 Republican attorneys general, filed a lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin in the Supreme Court. The lawsuit alleges that the states unlawfully enacted changes to their election laws under the cover of the COVID-19 pandemic. The plaintiffs are asking the Supreme Court to take the unprecedented step of intervening and invalidating the will of the voters in those four states. Tellingly, the lawsuit makes no mention of other states – including Texas and several other states that supported Texas’s lawsuit – that made similar changes to election processes to guarantee residents could access ballots while staying safe during the COVID-19 pandemic.
Raoul and the coalition filed an amicus brief today in vigorous opposition to Texas’ undemocratic effort to overturn the results of the election. Specifically, the states urge the Supreme Court to deny Texas’ lawsuit on the grounds that:
• Texas’ interpretation of the Electors Clause is contrary to a century’s worth of precedent: The Electors Clause of the Constitution grants the states the power to set their own rules for presidential elections held within their own states. While the Constitution grants this authority to “state legislatures,” since the early 20th century, the Supreme Court has allowed legislatures to delegate authority to elections administrators or other state government entities.
• States have a constitutional right to determine the process for administering their own elections: Federalism is a core component of the Constitution, governing the division of power between the states and the federal government. The Constitution makes clear, and the Supreme Court has affirmed, that the framers granted states the right to administer and oversee presidential elections on their own. Yet Texas’ lawsuit – calling on the Supreme Court to intervene in the elections held by the four defendant states – would infringe on that right, and thus, states’ sovereignty. Further, it would set its own destructive precedent limiting states’ ability to make critical changes to the structure and oversight of elections.
• There is no evidence that the states’ commonsense measures to protect the voting rights and health of residents produced significant voter fraud: Since 2000, more than 250 million people in all 50 states have voted using mail-in ballots. In 2018 alone, more than 31 million Americans – or approximately 25.8 percent of voters – cast their ballots by mail. Moreover, five states – Colorado, Hawaii, Oregon, Utah, and Washington – had all-mail voting systems prior to the 2020 election, through which every registered voter receives a ballot in the mail. Despite the prevalence of voting by mail, officials at the state and federal levels have consistently found no evidence of widespread fraud. This remained true for the 2020 election. Despite the president’s claims that the results were tainted by voting fraud, his lawyers and other allies have consistently failed to produce any evidence to substantiate these assertions. Indeed, Republican and Democratic officials overseeing the elections in all four defendant states have repeatedly confirmed that processes were safe and secure.
Joining Raoul in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.
* From Raoul’s spokesperson, when asked about Bost and LaHood…
It’s clear the president is asking both state attorneys general and congressmen to take this action, and it is unfortunate.
I’ll be more than happy to post any statement from Bost, LaHood, the Illinois Republican Party or the two GOP legislative leaders in response.
*** UPDATE 1 *** I have yet to hear back from the ILGOP or the two legislative leaders (surprise!), but Congressman LaHood gave a brief statement to Crain’s…
In a statement, LaHood said, “The cornerstone of our democracy is our electoral system and any irregularities presented should be investigated. I support President Trump’s right to make his case and I believe that the Supreme Court is the final venue to examine any election irregularities in full.” He said he believes Illinois’ election results were “accurate and fair.”
* BND…
“President Trump is using the legal means available to him to ensure that every legal vote is counted,” Bost said in a statement Tuesday, prior signing on to the amicus brief. “At a time of great uncertainty for our country, it is vitally important that the American people have faith in our elections and trust the results.”
Bost followed up after signing the brief with a statement Friday saying the lawsuit represents an effort “to ensure that the American people can have faith in our elections and trust the results.” The Supreme Court, he added, is the “final arbiter in cases of election irregularities.”
* Illinois Democratic County Chairs Association President Kristina Zahorik…
“Darin LaHood and Mike Bost apparently do not believe that the votes and the will of the people matter this election. By signing their name to a legal argument that ignores the rights of a state to determine how to manage their own elections, they are not only showing their hypocrisy when it comes to states’ rights, they are also attempting to undermine votes legally cast by citizens of this country.”
“The IDCCA salutes Illinois Attorney General Kwame Raoul for standing up for the rights of Americans to vote safely and securely. Shame on Bost and LaHood for tarnishing Illinois’ reputation and for this baseless attack on our democracy.”
*** UPDATE 2 *** The governor was asked about this today…
There are I think more than 100 Congressional Republicans who signed on to that. I am surprised. In the Land of Lincoln, I think of Republicans, Democrats as being a lot more reasonable than the people who have followed Donald Trump down every rabbit hole.
And so I just would say it’s irresponsible.
And it’s a ridiculous lawsuit. I don’t know why they would sign on except for apparently undying commitment and loyalty to a failed president.
*** UPDATE 3 *** Press release…
Rep. Brad Halbrook sends letter to Attorney General Kwame Raoul urging him to join Texas election lawsuit
Reps. Chris Miller; Blaine Wilhour; Darren Bailey; Andrew Chesney; John Cabello and State Reps. Elect Adam Niemberg and Paul Jacobs join Rep. Halbrook in calling for Illinois to join Texas lawsuit
State Rep. Brad Halbrook (R-Shelbyville) has sent Illinois Attorney General Kwame Raoul urging him to join Texas and 18 other states that have filed a lawsuit against four states that have failed to follow the US Constitution with changes in election law that were implemented without legislative approval.
“The Constitution makes it clear that it is the sole responsibility of state legislatures to make the rules for presidential elections, but yet in Michigan, Wisconsin, Pennsylvania and Georgia there were changes in the rules that occurred without legislative action that affected the outcome of the election,” Halbrook said. “The failure of these states to follow the Constitution diluted the votes of millions of people living in states that did follow the Constitution. It is important to make sure that we can trust the outcome of this and future elections. We cannot and should not tolerate an unequal application of our laws. It is imperative that we have free and fair elections. This is why it is important for Illinois to join this lawsuit.”
The letter asks Attorney General Kwame Raoul to join Texas and 18 other states in the STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN lawsuit. Joining Rep. Halbrook in signing the letter were: State Reps. Chris Miller (R-Oakland); Blaine Wilhour (R-Beecher City); John Cabello (R-Machesney Park) and Andrew Chesney (R-Freeport) State Rep. Elect Adam Niemerg (R-Dieterich) and State Rep. Elect Paul Jacobs (R-Pomona).
“We are hearing everyday from constituents who are upset with what is going on in the swing states of Georgia, Wisconsin, Michigan and Pennsylvania,” Miller said. “They have no confidence in the results of this election. What is happening goes well beyond the President. This is about the integrity of future elections. We need to make sure the American people can trust the outcome of our elections. The future of our Republic depends on it.”
* Also…
Mary Miller, Congresswoman-elect (IL-15), joins the Texas Attorney General and 18 other State Attorney Generals, several elected officials in the states under question, and numerous elected leaders supporting the Texas lawsuit. She released the following statement.
“I support this lawsuit and President Trump’s efforts to ensure the integrity of our election process. The American people deserve an honest and fair election process where all legal ballots are counted, and illegal votes are removed. This is the only way we can all move forward together in confidence,” stated Conservative Mary Miller.
“Sunshine patriots and fair-weather fighters won’t win this fight or stop the radical left’s attempts to push their socialist agenda. President Trump endorsed my campaign because he needed more actual allies in Washington. I will continue to fight the establishment in both parties that wants to defeat President Trump,” Miller added.
Miller continued: “I was elected to promote Illinois agriculture and economic opportunities, to uphold the rule of law, to defend our values of faith, family, and freedom, and to support President Trump.”
Mary concluded: “We have too many politicians who talk the talk to get elected, but when it comes time to uphold it and fight, they’re nowhere to be found. I’m going to Congress to fight for the things I campaigned on and, more importantly, the people in my district. The fight has begun.”
*** UPDATE 4 *** Over…
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* CNBC…
The surprise jump in new jobless claims filings to the highest level since mid-September signals a weakening in the labor market that could drag down the economy into the first quarter.
Initial claims for state unemployment benefits jumped to 853,000, rising 137,000 during the week ended Dec. 5 from the prior week, the largest weekly increase since the height of economic shutdowns in March. Economists had expected 730,000 claims, according to Dow Jones. They note the Thanksgiving holiday period could have added distortions in both weeks, but the trend is clearly negative.
State continuing claims rose by 230,000 to 5.76 million, the first increase since August.
* CBS 2…
The Illinois Department of Employment Security reported 107,616 new unemployment claims were filed across the state last week, the week of Nov. 29, the most jobless claims the state has had in nearly eight months.
Illinois’ estimated claims last week were among 853,000 total filed across the country.
The most recent claims represent a 45% increase from the prior week, when 74,131 unemployment claims were filed statewide, and a 627% increase over the 14,798 new claims filed in the same week of 2019.
Illinois numbers have not been this high since mid-April, when there were over 141,000 claims filed the week of April 6.
If these high numbers are due to fraud, as the governor has said, then Illinois is having truly gigantic fraud problems. We have 3.9 percent of the US population and 12.6 percent of the benefit applications?
*** UPDATE *** Text from a reporter buddy…
On unemployment, IL’s situation isn’t quite that bad. (Altho it’s still bad.) Seasonally adjusted national unemployment apps were 853,000. Actual were over 947,000. So IL accounted for 11.3%
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* Hannah Meisel asked Gov. Pritzker on Tuesday if the National Guard was being sent to the LaSalle Veterans’ Home. He gave her the brush-off, saying “I don’t know where you get your rumors from.” That was a needless and disrespectful jab even if it wasn’t true. Turns out, Hannah’s sourcing was right. Here’s her scoop…
Members of the Illinois National Guard staff have been sent to the LaSalle and Quincy Veterans’ homes to assist with COVID-19 testing and screening at the facilities, Gov. JB Pritzker’s office confirmed Thursday.
It’s not a deployment and those going into the facilities are National Guard staff members and not reserve members. But Pritzker spokeswoman Jordan Abudayyeh said the homes are in need of help with daily COVID-19 testing.
In a statement Thursday, La Salle County Veterans Assistance Commission Superintendent Steven Kreitzer said the staff are “medical units that will be utilized to maintain records of temperature checks and COVID-19 testing as well as make sure PPE is being worn at all times properly.” […]
The extra help comes after a massive deadly outbreak of the virus is mostly under control at the LaSalle facility, and a smaller outbreak at the Quincy home is ongoing. A 33rd resident at LaSalle died this week after testing positive for COVID-19, meaning more than a quarter of the residents in the home since the outbreak was first reported on Nov. 1 have died. There have been two COVID deaths at Quincy.
Hannah also asked Pritzker this week if the LaSalle Veterans’ Home director had been terminated based on new information or information from the initial probe. And if the firing was based on old info, she asked, what took him so long to do it? Pritzker sidestepped the question.
Every time he does something like that, I wonder what else he’s not telling us. And I’m sure I’m not alone.
*** UPDATE *** The governor today…
We also have the Illinois National Guard on the ground, assisting efforts at LaSalle, with their arrival at Quincy and Manteno set for Monday, providing staff support for screening and handling testing data tracking so that medical staff can focus on direct patient support.
Two days ago, I was asked here about the National Guard being deployed to our homes, and I dismissed it as a rumor. In retrospect, I had directed every member of my administration to move quickly to respond with every available resource to assist IDVA, and the National Guard was asked to be of assistance before I was made aware.
That’s a good thing. I want my administration to be nimble and responsive, but I want to apologize for being dismissive when I was asked about it.
I will say this is just one example of how we are directing every available resource to our veterans’ community through the period of exceptional risk here in Illinois. We will leave no stone unturned in our efforts to safeguard our most vulnerable, especially those who lived to serve.
That was well-done.
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*** UPDATED x1 *** It’s just a bill
Thursday, Dec 10, 2020 - Posted by Rich Miller
* Press release…
In response to decreased use of health care services through Medicaid managed care organizations throughout the COVID-19 pandemic, state Senate Assistant Majority Leader Dave Koehler, D-Peoria, and state House Assistant Majority Leader Fred Crespo, D-Hoffman Estates, filed legislation today to require companies to return excess profits and reallocate funding to critical health care services.
“While insurance companies and managed care organizations see record-setting profits at the height of a global pandemic, rural communities across the state are experiencing unsustainable strain in their health care systems due to lack of resources,” Koehler said. “The money recouped through this legislation would provide immediate relief for Downstate hospitals that have been devastated by COVID-19.”
Hospitals across the state are facing an unprecedented decline in outpatient procedures and elective surgeries as a result of the pandemic, contributing to severe financial strain on health care facilities that serve Illinois’ most vulnerable populations. Conversely, MCOs in Illinois have benefitted from these declines, as enrollment-based payments have continued despite decreased use of non-emergency health care services.
In response, Koehler and Crespo introduced Senate Bill 4207 and House Bill 5867, respectively, which seeks to reallocate a portion of enrollment-based payments made to Medicaid MCOs throughout the pandemic. From an estimated monthly payment of $1.7 billion, a 20% return would yield $340 million per month that can provide needed relief to hospitals and other health care facilities that have been hit hardest by the COVID-19 crisis. In addition, recouping these funds can provide relief to health care service providers that may be impacted by state budget deficits.
“While safety net and critical care providers are struggling to remain open and serve their communities, MCO’s are continuing to receive over a billion dollars in state and federal funding each month,” said Crespo. “Residents across Illinois are making significant sacrifices in order to protect themselves and their communities, and we’ve even seen the auto insurance and cable television industries return unused money to consumers. It is unacceptable that MCO’s are profiting off of taxpayer dollars that aren’t being used. Clawing back some of the funding that MCO’s have received throughout the pandemic and reallocating those dollars to health care providers in low-income and rural communities could help hospitals remain open amid ongoing financial instability that has been exacerbated by the pandemic.”
* This is how Rep. Crespo explained the bill to WTTW…
“We know that hospitals have not been doing services they normally do, elective surgery,” Crespo said. “So costs have gone down. So the plan here is to say, we should take back 20% of (the managed care organizations’) profits and redirect it to other Medicaid expenses the state has.”
Except he’s not talking about clawing back profits, necessarily. But, yeah, if they’re profiting off of a shift in the types of care provided, they should definitely lose that money.
*** UPDATE *** From Samantha Olds Frey, CEO, Illinois Association of Medicaid Health Plans…
The State of Illinois already has an existing mechanism to protect taxpayers and state from overpaying for underutilization and for 2020 requires that approximately 90% of the capitation received is spent on direct medical care.
While we have seen a shift in utilization we have not seen a 20% decrease in total medical costs for the Medicaid program.
It is important to note that MCOs don’t just pay for hospitals but a comprehensive healthcare benefit; such as: pharmaceuticals, long term care, and behavioral health. The proposed legislation would reduce the necessary resources to the Medicaid program and negatively impact providers and actually harm our most vulnerable residents. IAMHP is opposed to cutting a healthcare program for over 2 million people by 20% especially in the middle of a pandemic.
* Press release…
Illinois legislators and renewable energy businesses are calling for urgent action to save the state’s solar and wind energy jobs, and a new economic analysis shows that the proposed Path to 100 Act would not only save current jobs but would create more than 50,000 new jobs and $8.7 billion in increased economic output by 2033.
On December 4th, the Illinois Power Agency announced the close of state renewable energy incentives for residents in central and southern Illinois. With funding expected to disappear in northern Illinois in coming days, Illinois’ renewable energy program will abruptly end before the end of this year. The end of incentives will immediately impact the ability of homeowners and businesses to go solar and will force thousands of layoffs at solar businesses across the state in the coming months.
Senator Bill Cunningham and Representative Will Davis introduced the Path to 100 Act in early 2019 to address Illinois’ looming renewable energy crisis. The Path to 100 Act would improve and expand Illinois’ existing renewable energy program to allow the state to reach 40% renewable energy by 2030.
A new economic impact analysis of the Path to 100 Act found that, by 2033, the legislation would result in:
• 53,298 jobs created or supported during construction
• 3,215 jobs created or supported annually during operations
• $8.27 billion in increased economic output during construction
• $571 million per year in increased economic output during operations
The analysis was conducted by Dr. David Loomis. Loomis is the co-founder of the Center for Renewable Energy at Illinois State University and the President of Strategic Economic Research and has over 20 years of experience in energy and economic development analysis.
“Fixing Illinois renewable energy program is low-hanging fruit for the General Assembly and should be a top priority – we have a proven way to create jobs, benefit consumers and reduce pollution as well as a backlog of projects that could provide a rapid economic stimulus across the state,” said Representative Will Davis, House Sponsor of the Path to 100 Act. “There is no reason to delay fixing this.”
The report is here.
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*** UPDATED x1 *** We have a new Speaker!
Thursday, Dec 10, 2020 - Posted by Rich Miller
* My headlines are automatically posted on Twitter, so this one was specifically designed to freak out those folks. The real story here is that Illinois Retail Merchants Association President and CEO Rob Karr has been elected the new Speaker of the Third House, an organization for lobbyists.
The group held its annual holiday party today via Zoom. Outgoing Speaker Julie Sullivan joked that she had the honor of hosting the lamest Third House party ever. But it did have the smallest bar tab.
Anyway, congrats to Rob, who does a fine job with IRMA. I looked around and couldn’t find a suitable photo to use for a caption contest, so we’ll just have to settle for this story from The Onion that’s going around this week…
GAITHERSBURG, MD—Plotting out a career path that would enable him to one day land his dream job, aspiring lobbyist Christopher Talley told reporters Wednesday that he’d been able to get his foot in the door as a state senator. “Obviously I can’t jump right into my dream gig, but being a state senator and nominally representing the people of this district for a few years will help me work my way up the ladder to something actually worthwhile,” said Talley, who won a state senate seat in November as the first part of his personal 15-year plan to someday pursue the financial interests of agribusiness conglomerates in Washington. “Being in a state senate seat is kind of like having some control over how the government works for business, so this will help me get my feet wet and prove to potential lobbying firm employers that I have what it takes to network with people in the government biz. The money’s not great right now on a public servant salary, but this is just the first step to getting into the House of Representatives, maybe a mid-city mayorship, and finally make it to the lobbyist level. I can’t wait.” Talley also admitted that it did make him nervous to see how many of his state senate colleagues were also competing to be lobbyists someday.
*** UPDATE *** OK, now we got us a caption contest. Here’s Rob Karr at the 1990 holiday party…
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