* US Rep. Cheri Bustos filed an official statement of organization today for a gubernatorial bid. But her campaign says it’s just because they had some expenses when she was thinking about a run and decided to file the paperwork.
Anyway, I’m heading to a ballgame so I’ll talk at you Tuesday…
*** UPDATE *** AG Madigan’s legal filing is here [Fixed link- again]. From that filing…
Plaintiffs’ sole legal theory upon which the preliminary injunction rests is that the failure to appropriate funds sufficient to pay employees the amounts required by their CBAs, or the tolling agreements they entered into after those CBAs expired, constitutes an impairment of contract in violation of the Contract Clause of the Illinois Constitution. But in State v. AFSCME, the Illinois Supreme Court held that the failure to appropriate money could not impair the obligation of contract because the CBAs were always subject to appropriation, and the appropriation power rests solely with the General Assembly.
In denying the People’s motion to dissolve the preliminary injunction, the circuit court distinguished State v. AFSCME on the ground that the Illinois Supreme Court’s decision was limited to an assertion of rights under multi-year CBAs governed by the Public Labor Relations Act, and that plaintiffs here seek to enforce rights under their tolling agreements. The circuit court’s analysis, however, completely ignores the Illinois Supreme Court’s principal rationale based on the Appropriations Clause “([W]e hold that the arbitration award violates Illinois public policy, as reflected in the appropriations clause of the Illinois Constitution, and section 21 of the Illinois Public Labor Relations Act,)” and miscomprehends the nature of the tolling agreements, which did nothing more than continue the parties’ rights under the CBAs, which by their terms were subject to appropriation, S.R. 169.
And here’s a statement from AG Madigan’s office…
There is no legal basis for the St. Clair County order, and it has allowed the Governor and the Legislature to continue to avoid the difficult decisions required of them to enact a budget. As a result, serious and irreparable damage has been done to the state and its universities, students, social service providers, nonprofit organizations and companies that provide goods and services to the state. Illinois now has no spending plan in place, and no transparent process for the billions of dollars that are being spent through the court’s order.
We are now asking the Illinois Supreme Court to review this case immediately and require the Governor and the Legislature to follow the law and fulfill their constitutional duties to enact a budget.
Democratic Attorney General Lisa Madigan on Wednesday plans to ask the Illinois Supreme Court to take up an appeal of a state worker paycheck case after a Downstate judge sided with Republican Gov. Rauner last month.
* Press release…
The Rauner Administration released the following statement following the Attorney General’s extraordinary motion to stop state employee pay. The following is attributable to Rauner spokeswoman Catherine Kelly:
“Today’s extraordinary action by the Attorney General coupled with Comptroller Mendoza’s effort to stop paying nearly 600 employees makes clear there is a coordinated effort on the part of Democrat insiders in Springfield to force a government shutdown.”
“The Madigan Family’s unannounced filing is an obvious and disturbing effort to force a government shutdown and cause a statewide crisis. Lisa Madigan’s shameless motion to block state employee pay is intended to protect the broken system the Madigans’ control from those who believe it’s time for change.” – Illinois Republican Party Spokesman Steven Yaffe
Last night, Attorney General Lisa Madigan filed a motion to the Illinois Supreme Court to block all state employee pay. Madigan’s unwarranted action threatens to shut down state government, putting the vulnerable at risk.
Today the Illinois Republican Party released a new ad – “Family First” – calling out the Madigan Family for putting themselves ahead of taxpayers, state employees, and vulnerable people who rely on state services.
Mike and Lisa Madigan have worked behind the scenes to destroy Illinois for decades. The Illinois Republican Party is committed to shining a light on their corrupt, insider tactics.
