Another day, another failed lawsuit
Thursday, Oct 1, 2020 - Posted by Rich Miller
* Daily Chronicle…
Judge Paul Fullerton denied the request for a temporary restraining order against the IHSA in a ruling Thursday afternoon in the DuPage County Circuit Court in Wheaton.
Fullerton heard arguments from attorney Jeff Widman, representing three parents as plaintiffs in the case, and from IHSA attorney David Bressler.
At the center of the plaintiffs’ argument was that the IHSA acted against its own constitution and by-laws by changing the sports seasons for the 2020-21 school year without a membership vote. Because of the COVID-19 pandemic, the IHSA adjusted its seasons to four instead of three, delaying three fall sports (football, volleyball and boys soccer) until February through May because they are considered higher risk to the coronavirus.
* News-Gazette…
The legal standard for a temporary restraining order, in part, requires proof that “irreparable harm will occur without the injunction,” according to the motion. Judge Paul Fullerton said during a Zoom hearing, after listening to statements from lawyers on both sides, that irreparable harm had not been proven.
“I just don’t see it,” Fullerton said.
Fullerton also said he feels IHSA officials operated within their boundaries by establishing Return To Play guidelines in response to the COVID-19 pandemic without allowing them to be voted upon by IHSA member schools.
“We are in a pandemic,” said Fullerton, calling the situation an “extraordinary” circumstance. “What the IHSA did was within their authority under the bylaws and constitution.”
* Sun-Times…
“[The IHSA] can’t simply issue guidelines without giving its members a voice,” argued Jeff Widman, the parents’ attorney.
IHSA attorney David Bressler said the change was made quickly to comply with Illinois Gov. J.B. Pritzker’s orders and the goal was to give all sports a chance to play this school year in spite of Pritzker’s orders.
Bressler argued that the IHSA can make significant changes to its bylaws without a member vote in circumstances that are beyond control.
“What is more beyond the control than a pandemic?” Bressler said. […]
Fullerton asked Widman if the parents planned to proceed with the lawsuit. Widman said he wasn’t sure and Fullerton allowed him to delay the decision until Monday.
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* Moody’s…
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* Even if the US economy rebounds soon, Illinois’ liability-to-GDP ratio is the highest among states and is likely to rise further
* The state’s credit position could stabilize if structural measures, such as austerity and revenue enhancements, are implemented
The State of Illinois’ (Baa3 negative) ability to weather the coronavirus pandemic without hurting its credit quality will require keeping growth of its long-term liabilities within its capacity to pay, Moody’s Investors Service says in a report published today. The pandemic has eroded the state’s revenue, and its already massive long-term obligations – primarily pensions – are rising. Nevertheless, Illinois’ credit position would stabilize if structural measures were implemented, while policies that achieve near-term balance by stoking growth in long-term liabilities would be a clear credit negative.
“Lower interest rates and weaker-than-expected investment returns will accelerate growth in Illinois’ extremely high pension liabilities while the state’s economic base is shrinking due to coronavirus-related business disruptions,” said Moody’s analyst Ted Hampton. “We therefore expect Illinois to increasingly seek new revenue sources and to rein in spending, but any cuts to its pension contributions would only worsen its long-term fiscal position by adding to its unfunded liabilities.”
Even if the US economy improves later in fiscal 2021, measures of Illinois’ debt burden relative to its capacity to pay will likely head higher, Hampton says. Total liabilities (including retirement benefits and debt) are on track to rise to 45% of GDP in the year ending June 30, 2021, from 35% in fiscal 2019. This estimate reflects an approximately 14% increase in bonds, driven by borrowings from the Federal Reserve’s Municipal Liquidity Facility program and a 34% increase in unfunded pension liabilities.
To address near-term tax revenue loss from the pandemic, Illinois may choose to defer its financial obligations. Relying heavily on strategies like deficit borrowing or “re-amortizing” its pension contribution schedule would however be credit negative for the state, since such tactics only add to a long-term cycle of borrowing, or deferring payment, to address the consequences of those past actions.
“Contributing insufficient amounts annually to meet long-term benefit obligations is a short-term fiscal management tactic Illinois has used for years, and helps explain both the magnitude of the state’s pension problem and its credit standing,” Hampton notes. “Underfunding pensions again could lead to further credit deterioration, depending on the degree of underfunding, the state’s other financial strategies and the performance of its pension investments.”
Illinois is just one tiny tick above junk bond status. So, if that graduated income tax fails to pass in November, the governor will have a total mess on his hands.
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Question of the day
Thursday, Oct 1, 2020 - Posted by Rich Miller
* Amy Elik press release…
Today, State Representative Stephanie Kifowit (D-Oswego) announced her intention to seek the Democratic nomination for Speaker of the Illinois House of Representatives, posing a new challenge to Speaker Mike Madigan’s nearly 40-year reign.
House Democrats will now have a choice when they vote for Speaker for the 102nd General Assembly, and Amy Elik (R-111th), candidate for State Representative, is calling for transparency in Rep. Bristow’s choice.
“Democrats like my opponent, Monica Bristow, can no longer say they are supporting the Democratic nominee for Speaker,” said Amy Elik. “Who is she supporting? Is she again voting for Speaker Mike Madigan, who has been funding her campaign, or is she supporting Rep. Kifowit, a supporter of the Reproductive Health Act that allows abortion up until the moment of birth? Now is the time to answer.”
Bristow has taken over a million dollars from Madigan and his closest allies, including some of the most pro-abortion and anti-Second Amendment legislators in the General Assembly. She has also refused to sign the “No Madigan Pledge,” recently stating in a WBGZ “Let’s Talk” interview, “I’ll vote for the Democratic nominee” for Speaker. Later in that same interview, Bristow said, “You don’t come in and lead the charge to audit the State of Illinois or lead the charge to get rid of Madigan. I know my place.”
House Republicans have been united behind a change in leadership for the House of Representatives, and have called on Speaker Madigan to testify to explain his role in the ComEd bribery scandal that has rocked the Capitol. Elik has repeatedly called on Madigan to resign and for Bristow to return tainted funds she has received from the embattled Speaker.
* Mark Brown…
Kifowit said she has been making calls to her colleagues asking for their support but would not reveal how many commitments she has received.
She said she also believes there could be more candidates seeking the speakership.
“I believe firmly there should be a choice, and now there’s a choice,” she said.
* The Question: Do you believe Kifowit’s announcement will smoke out other candidates against Speaker Madigan? Take the poll and then explain your answer in comments, please…
online survey
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* Press release…
The Illinois Department of Public Health (IDPH) today reported 2,166 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 25 additional confirmed deaths.
• Bond County: 1 male 70s
• Champaign County: 1 female 80s
• Christian County: 1 female 70s, 1 female 80s
• Cook County: 1 female 40s, 1 female 80s, 1 male 80s, 1 female 100+
• Crawford County: 1 male 70s
• DuPage County: 2 female 70s
• Fayette County: 1 female 70s
• Franklin County: 1 male 70s
• Jersey County: 1 male 80s
• Kendall County: 1 male 90s
• Lake County: 1 female 50s, 1 male 60s
• Madison County: 1 male 90s
• McHenry County: 1 male 40s
• McLean County: 1 female 70s
• St. Clair County: 1 female 70s
• Tazewell County: 2 female 80s
• Williamson County: 1 female 80s
• Winnebago County: 1 male 70s
Currently, IDPH is reporting a total of 295,440 cases, including 8,696 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. The preliminary seven-day statewide positivity for cases as a percent of total test from September 24 – September 30 is 3.5%. Within the past 24 hours, laboratories have reported 65,615 specimens for a total of 5,690,437. As of last night, 1,635 people in Illinois were reported to be in the hospital with COVID-19. Of those, 359 patients were in the ICU and 149 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting separately both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for a death previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
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Speaker Madigan responds to Kifowit challenge
Thursday, Oct 1, 2020 - Posted by Rich Miller
* Background is here if you somehow need it. From a Madigan spokesperson…
I have spent my entire career supporting Democrats, regardless of differences in perspective within our party. We are at a critical juncture in our country, and all of us should be focused on coming together to defeat Donald Trump and repair the hate and division he has sown in our communities. We have a lot of work to do, and I’m focused on the November election and addressing the devastating effects of COVID-19 on the workers, families and people of Illinois.
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* Press release…
A coalition of 12 governors, including Govs. Jay Inslee (WA), Kate Brown (OR), Gavin Newsom (CA), Phil Murphy (NJ), Gretchen Whitmer (MI), Tony Evers (WI), Tim Walz (MN), Ralph Northam (VA), John Carney (DE), Steve Sisolak (NV), Michelle Lujan Grisham (NM), and J.B. Pritzker (IL) released a joint statement today on recent threats to the democratic process and reports of efforts to circumvent the election results.
“We do not take for granted the sacred right of every American to cast a vote, and to have that vote counted, in the presidential election held every four years. It is a right that is foundational to our democracy and essential to the continuation of our constitutional system of government — something to be cherished, revered and defended by elected leaders at all levels.
“Any efforts to throw out ballots or refuse a peaceful transfer of power are nothing less than an assault on American democracy. There is absolutely no excuse for promoting the intimidation or harassment of voters. These are all blatant attempts to deny our constituents the right to have their voices heard, as guaranteed in the U.S. Constitution, and to know the will of the people will be carried out.
“As governors, it is our solemn duty to protect the people of our states. Today, we affirm that all votes cast in the upcoming election will be counted and that democracy will be delivered in this election. That means all valid ballots cast in accordance with state and local laws must be counted, and that all states must properly appoint electors in accordance with the vote. We will not allow anyone to willfully corrupt the democratic process by delegitimizing the outcome or appointing fraudulent electors against the will of the voters.
“Our nation has held presidential elections and upheld the results throughout our history, even in times of great peril. We did it during the Civil War and both World Wars, and we can do it during a pandemic.
“And if the outcome of this election means the end of a presidency, he must leave office — period.
“We recognize that democratically held elections are not an exercise in controlling power. By its very nature, democracy is an exercise in determining and honoring out the collective will of the American people, regardless of the outcome. Disenfranchising voters in order to retain power strikes at the very heart of this promise. We call on elected leaders at all levels, from both parties, to speak out loudly against such efforts in the weeks ahead.”
* NBC News…
Trump campaign spokesperson Thea McDonald accused Democrats of “working to shred election integrity rules across the country to stack the deck for their lackluster candidate.” Republicans, she said, “are aiming for an election with results all Americans can trust.”
Take two or three very deep breaths before commenting, please. Deep, deep breaths. Thanks.
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* NY Times…
The Labor Department reported Thursday that 787,000 Americans filed for state unemployment benefits for the first time last week. It was a decline from the previous week’s total of 827,000, but the figures — unadjusted for seasonal variations — are roughly four times the weekly tally of claims from before the pandemic.
“Clearly there has been a moderation in the rate of improvement from the early stages,” said Michelle Meyer, head of U.S. economics at Bank of America. “As we get further away from the initial shock, we have less of a natural catch-up, and we face more residual damage.”
With seasonal adjustments, last week’s figure was 837,000.
* CBS 2…
The U.S. Department of Labor estimates 27,903 new unemployment claims were filed during the week of Sept. 21 in Illinois, according to the DOL’s weekly claims report released Thursday.
While this number is based on advanced estimates, the Illinois Department of Employment Security (IDES) will be releasing a final number later Thursday. […]
There were 25,976 new unemployment claims were filed across the state last week, the week of Sept. 14.
* Press release…
The University of Illinois Flash Index in September increased to 95.1 from its 94.6 level in August. This is a continuation of the slow recovery of the index after the precipitous declines from February to May of this year.
“The index portrays two quite different stories depending on the time frame. Over the last four months, the Illinois economy is rebounding from the worst of the COVID-19 crisis of the spring, but it clearly has far to go to recover its pre-crisis strength,” said University of Illinois economist J. Fred Giertz, who compiles the monthly index for the Institute of Government and Public Affairs. This is the seventh consecutive month that the index has fallen short of the 100-dividing line between growth and decline. See the Flash Index Archive.
The Illinois unemployment rate declined again to 11.0% from 11.5% the previous month, but it is still 2.6 percentage points above the national level, suggesting a slower recovery here.
Illinois tax receipts that go into the calculation of the index were surprisingly strong in September. After adjusting for inflation, sales and corporate tax receipts were up from the same month last year, while individual income tax receipts were down.
The Flash Index is normally a weighted average of Illinois growth rates in corporate earnings, consumer spending and personal income as estimated from receipts for corporate income, individual income, and retail sales taxes.
These are adjusted for inflation before growth rates are calculated. The growth rate for each component is then calculated for the 12-month period using data through September 30, 2020.
For the last six months, several ad hoc adjustments were made to deal with the timing of the tax receipts resulting from state and Federal changes in payment dates that were made to lessen the impact of the closures.
* Related…
* Fraud Schemes Exploit Weak Spots in Unemployment Claims System
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Get it together, Region 6
Thursday, Oct 1, 2020 - Posted by Rich Miller
* We discussed this as part of a broader topic yesterday, but let’s zero in on it today. Tribune…
The central Illinois region around Champaign-Urbana could be hit with stricter restrictions on restaurants, bars and other businesses as the percentage of positive coronavirus tests is on the rise, state public officials warned on Wednesday.
The massive saliva-based testing program at the University of Illinois at Urbana-Champaign can account for roughly 20% of all tests conducted statewide in a given day, giving the 21-county region a deceptively low positivity rate, according to the Illinois Department of Public Health.
The region’s positivity rate stands at 2% on a seven-day average, but when Champaign County is removed, the rate jumps to 7.2%, approaching the 8% threshold that could trigger stricter rules to prevent the spread of the virus that causes COVID-19, officials said. […]
The Department of Public Health will being to separate out Champaign County from the rest of the region, which also includes Decatur and Danville, in determining whether to institute stricter rules. However, if those rules are put into effect, they would apply to Champaign County as well.
* County numbers…
Champaign 1.2
Clark 1.9
Clay 8.2
Coles 8.5
Crawford 13.7
Cumberland 7.9
De Witt 9.3
Douglas 5.8
Edgar 1
Effingham 7.2
Fayette 14.1
Ford 2.4
Iroquois 3.7
Jasper 7.9
Lawrence 4.1
Macon 6.7
Moultrie 3.7
Piatt 2.7
Richland 8.8
Shelby 8.1
Vermilion 7.8
Such a surprise to see Clay County above 8.
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* I told subscribers about this earlier today. From Rep. Stephanie Kifowit (D-Oswego)…
Based on my values, I was compelled on July 30th of this year to write a letter to Speaker Madigan stating that the right thing for him to do is to step down as Speaker for compromising the integrity of the office and undermining the public trust. The response from Michael Madigan was to double down and has remained that way. It is clear to me that he doesn’t hold the same values that I do and falls short of what the public expects from an elected official. Therefore, I am announcing today that I intend to seek the democratic nomination for Speaker of the Illinois House of Representatives for the 102nd General Assembly.
The announcement will be at 10 this morning at the Hotel Allegro in Chicago.
*** UPDATE 1 *** You can watch a livestream of Kifowit’s media event by clicking here.
*** UPDATE 2 *** The video conked out. From her press release…
State Representative Stephanie Kifowit (D-84th) announced today that she is seeking the democratic nomination for Speaker of Illinois House of Representatives.
“Based on my values, I was compelled on July 30th of this year to write a letter to Speaker Madigan stating that the right thing for him to do is to step down as Speaker for compromising the integrity of the office and undermining the public trust. The response from Michael Madigan was to double down and has remained. It is clear to me that he doesn’t hold the same values that I do and falls short of what the public expects from an elected official. Therefore, I am announcing today that I intend to seek the democratic nomination for Speaker of the Illinois House of Representatives for the 102nd General Assembly,” Kifowit said in her morning press conference.
“I feel that Michael Madigan’s involvement as “Public Official A” in the recent FBI documents is clear he has compromised the integrity of the Office of the Speaker of the House and undermined the public trust. As each day passes, the people of Illinois have put up with this corruption and manipulation for far too long. Every day we are seeing more and more disrespect and self-serving actions by Michael Madigan and it is my feeling that there is more to come in the upcoming days and weeks,” Kifowit continued.
*** UPDATE 3 *** Here’s the video…
*** UPDATE 4 *** ILGOP…
Every election cycle comes with it a time honored right-of-passage for Illinois House Democratic candidates in hotly contested races: the first time a reporter asks them if they will be supporting Michael Madigan for Speaker. Now, you can imagine the difficult place this puts these candidates in. On one hand, Madigan is a corrupt machine politician who has overseen the complete financial destruction of a once great state. On the other hand, he showers them with millions of dollars to get elected.
What is an ambitious politician to do?
Well, with almost no exceptions, House Democratic candidates of past and present have chosen to take Madigan’s money and either keep their mouths shut or chalk their decision on a vote for Speaker up to a lack of choices in which they are forced to vote for Madigan over a Republican.
In the tight contest between incumbent Republican State Representative Grant Wherli and his opponent Janet Yang Rohr, Rhohr refused to even talk about Madigan.
From the Daily Herald…
“[Yang Rohr] is especially awkward when trying to square her claims to value ethics reform with her unwillingness to take a position on Madigan’s speakership.”
Yang Rohr, unsurprisingly, is up to nearly $340,000 in Madigan money flowing to her campaign account with more than a month to go in the election.
Other Democrat candidates in the past have said they will vote for a Democrat over a Republican regardless of who it is, or like current swing-district State Rep. Katie Stuart, have been confused by such a difficult “hypothetical”.
From the News-Gazette…
“Asked if she intended to vote to re-elect House Speaker Michael Madigan, Stuart pretended to be flummoxed by the question.
‘I don’t know what the options will be,’ Stuart said. ‘You’re asking me a hypothetical question just like I wouldn’t tell you how I would vote on any piece of legislation until I actually read the legislation.’
[…]
That’s why they evade questions on the subject with superficial, glib responses like, “I can’t say whom I’m supporting because I don’t know who’s going to be running for speaker.”
That’s the talking point Democratic public-relations advisers tell House members to give if they’re questioned by reporters or voters. It’s shamefully false, but in politician-world, any answer that avoids an unpleasant subject is worth giving.
We aim to help Rep. Stuart (beneficiary of over $1.3 million in Madigan money) and any other confused House Democrats with the choices they have before them. With Kifowit’s announcement this morning, the choices, in no particular order, are:
DEMOCRAT 1. State Representative Stephanie Kifowit
2. Current Speaker of the House Michael J. Madigan
3. Minority Leader Jim Durkin
That’s it! Now that the choices are clear, every House Democrat candidate should be made to go on the record and answer the very simple question of who they would support for Speaker of the House.
“House Democrat candidates have been playing games with voters for years. They’ve ducked and dodged ‘The Madigan Question’ at every turn because when Madigan money means you get to outspend your opponent 5 to 1, the answer doesn’t matter. The time for games is over. A favorite excuse is gone. They have a choice. House Democrats can be complicit in Madigan’s corrupt ways destroying Illinois and their party, or they can turn the page and vote for the other Democrat running.” - ILGOP Chairman Tim Schneider
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[The following is a paid advertisement.]
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Open thread
Thursday, Oct 1, 2020 - Posted by Rich Miller
* Local, polite, etc. You know the drill…
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