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* Regarding AG Lisa Madigan’s legal moves to block state worker pay without any authorizing state appropriations…
Madigan contends that she is doing the right thing (vindicating the Illinois Constitution) for the right reason (because it’s her statutory duty). If that’s true, her action would be almost without precedent in the history of Illinois politics.
Not mentioned is that her actions are “almost without precedent” because AG Madigan made pretty much the exact same legal moves in 2009 as she is this year. So, yeah, “almost.”
* More…
Consider the 2012 lawsuit filed against Cook County and the state by gay-marriage advocates who challenged the constitutionality of an Illinois law that permitted homosexual civil unions but limited marriage to a man and a woman. (The lawsuit became moot after the General Assembly approved same-sex marriage).
Both Madigan and Cook County State’s Attorney Anita Alvarez ignored their statutory duties to defend state law. Both said the Illinois law limiting marriage to a man and a woman was legally indefensible on constitutional grounds.
The American Civil Liberties Union and New York-based Lambda Legal originally filed separate lawsuits against Cook County Clerk David Orr, a supporter of gay marriage whose office is responsible for issuing marriage licenses in the county, which includes the city of Chicago.
The action was taken on behalf of the 25 couples, some of them from outside Cook County, but all of whom had applied for marriage licenses there and been denied. […]
Alvarez said it’s her job to represent Orr – and they both agreed with the plaintiffs.
The attorney general is sworn to uphold the constitutions of the US and Illinois. She believed the plaintiffs were making a constitutional argument, as did many others at the time and since.
* And, of course…
(W)hy is Madigan looking for trouble by trying to block state workers’ pay?
No easy answers come to mind.
But in Illinois, also known as “Madiganistan,” all roads lead to powerful Speaker Michael Madigan — aka “Dadigan,” the father of Lisa Madigan.
Yes, she’s just a little robot girl.
posted by Rich Miller
Thursday, Jul 16, 15 @ 10:58 am
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What a spiteful, ignorant column. Dey has done better work.
Comment by Elo Kiddies Thursday, Jul 16, 15 @ 11:01 am
Lisa also defended the unconstitutional Pension robbery bill.
Comment by Say It Ain't So!! Thursday, Jul 16, 15 @ 11:01 am
If Rauner never vetoes the state employee line items…
But Governor Rauner, himself, said it wasn’t “worth it”.
So, there’s that…
“Dear weak-minded ‘columnist’,
Get your own schtick.
Signed,
John Kass”
Comment by Oswego Willy Thursday, Jul 16, 15 @ 11:05 am
===Lisa also defended the unconstitutional Pension robbery bill. ===
And your point is… ?
Comment by Rich Miller Thursday, Jul 16, 15 @ 11:06 am
Since when has Illinois been “known as Madiganistan?” It is, of course, known as “The Land of Lincoln,” and some folks here have referenced the “State of ILL” to reflect its budgetary woes and corruption, but I’ve never heard anyone use “Madiganistan,” other than this reporter.
Comment by ??? Thursday, Jul 16, 15 @ 11:09 am
I thought the article was about Lisa Madigan defending the Illinois Constitution or not defending it, I just offered up another example.
Comment by Say It Ain't So!! Thursday, Jul 16, 15 @ 11:12 am
===I just offered up another example.===
lol
To what end?
Comment by Rich Miller Thursday, Jul 16, 15 @ 11:13 am
Until today, I’d always thought that John Kass was a poor-man’s John Kass.
Live and learn.
– MrJM
Comment by @MisterJayEm Thursday, Jul 16, 15 @ 11:15 am
The AG is herself paying her staff — even those who are FLSA exempt in full.
Should she have to explain this in light of her official position in court?
Comment by Anonymous Thursday, Jul 16, 15 @ 11:15 am
===The AG is herself paying her staff — even those who are FLSA exempt in full.===
Um, the comptroller issues the checks.
Comment by Rich Miller Thursday, Jul 16, 15 @ 11:16 am
To Rich on payroll:
Yes the Comptroller issues the checks but only based on a voucher. The State Finance Act requires the agency head to certify that the payroll is accurate and should be paid.
It seems that the AG should not be sending vouchers that would be unconstitutional to pay.
My point is that some of the legal arguments on ALL sides are conveniently lost in the practical application. It seems that the arguments in court were more about politics than firm convictions on what the Constitution mandates.
Comment by Anonymous Thursday, Jul 16, 15 @ 11:20 am
===It seems that the AG should not be sending vouchers that would be unconstitutional to pay.===
She’d be violating a judicial order if she did as you suggest.
Comment by Rich Miller Thursday, Jul 16, 15 @ 11:22 am
She is doing it to help her father. She thinks this action will force Rauner to cave in on the budget to Madigan. Partisan politics!
Comment by Anonymous Thursday, Jul 16, 15 @ 11:29 am
Geez, how old do you have to be and how many times do you have to be re-elected before some pompous ignoramus quits throwing that “daddy” stuff in your face?
That can cut both ways. If some punk talked about my daughter like that he’d be picking his Chiclets off of the floor.
Comment by Wordslinger Thursday, Jul 16, 15 @ 11:32 am
I am quite sure that there are plenty of reasons to dislike LMadigan. I have a few myself. But if the best you’ve got is that she’s doing it to help her father - then you’re either lazy or ill-informed to the point that you choose to be so.
Comment by Name Withheld Thursday, Jul 16, 15 @ 11:39 am
I am completely fed up with glib, ad hominem attacks that have become personal and not professional. This is becoming all too common among politicians, journalists and jurists (yes you, Justice Scalia). It accomplishes absolutely nothing other than inflaming and already-testy base of supporters.
Comment by Archiesmom Thursday, Jul 16, 15 @ 11:40 am
Many people like to think the worst about anyone in government. Some reporters and editors choose to pander to that audience.
Comment by walker Thursday, Jul 16, 15 @ 11:41 am
I’d like to commend Rich on exceptional cleverness in the titles of today’s columns.
Comment by Aldyth Thursday, Jul 16, 15 @ 11:43 am
Jim Dey needs to cut back on his Kass consumption.
Comment by Juvenal Thursday, Jul 16, 15 @ 11:46 am
Need to make clear where this came from cuz it is totally wacko!
Comment by D.P.Gumby Thursday, Jul 16, 15 @ 11:49 am
Inaccurate, sexist crap. Not a surprise, it’s from Jim Dey.
Comment by Precinct Captain Thursday, Jul 16, 15 @ 12:23 pm
“Yes, she’s just a little robot girl.”
No budget. Comptroller wants to pay employees minimum or full wages… DOES NOT COMPUTE.
Comment by Timmeh Thursday, Jul 16, 15 @ 12:34 pm
-’vindicating the Illinois Constitution’ ‘it’s her statutory duty’-
Really? SB1 comes to mind.
AG Madigan didn’t rush into court to challenge SB1s constitutionality but instead she defended SB1 against the legal challenges filed by the unions and retirees.
Perhaps I’m comparing apples and oranges but that’s what comes to mind.
Comment by Bulldog58 Thursday, Jul 16, 15 @ 12:37 pm
===Perhaps I’m comparing apples and oranges===
You are.
Comment by Rich Miller Thursday, Jul 16, 15 @ 12:39 pm
Please forgive my ignorance, but with SB1, didn’t LM have a choice whether or not to appeal to the ILSC. Couldn’t she have stated the law was unconstitutional and let the lower ruling stand? It gives me the impression her office chooses which Constitutional issues to defend or fight.
Comment by Kurt in Springfield Thursday, Jul 16, 15 @ 12:40 pm
===Couldn’t she have stated the law was unconstitutional and let the lower ruling stand?===
It was a county court decision appealed directly to the Supreme Court.
Whatever her reasoning, we desperately needed the top Court to weigh in on this matter to either buttress or silence the screamers on both sides.
Comment by Rich Miller Thursday, Jul 16, 15 @ 12:44 pm
Thanks Rich, and I agree with you 100% that we needed the SB1 ruling from the ILSC.
Comment by Kurt in Springfield Thursday, Jul 16, 15 @ 12:48 pm
Who knew Dey is a sexist male chauvinist?
Comment by Michael Westen Thursday, Jul 16, 15 @ 12:50 pm
“Both Madigan and Cook County State’s Attorney Anita Alvarez ignored their statutory duties to defend state law. Both said the Illinois law limiting marriage to a man and a woman was legally indefensible on constitutional grounds.”
Funny how when Mary Shepard sued the State over not being able to carry Miss Madigan found no problem with defending the law. And if memory serves correctly she filed an Amici with SCOTUS in support of the gun ban in Heller.
Guess it all depends an whether she agrees with the right in question as to which side she takes
Comment by Dozer Thursday, Jul 16, 15 @ 12:50 pm
===Guess it all depends an whether she agrees with the right in question as to which side she takes ===
Um, yeah?
Comment by Rich Miller Thursday, Jul 16, 15 @ 12:57 pm
Rich….I bet she doesn’t run for Gov.
Comment by scott aster Thursday, Jul 16, 15 @ 1:00 pm
Wordslinger: So if someone criticized your political daughter you would slug that person in the face? Is that how you handle issues? Very enlightening response! Lisa is trying to help her father politically, in the opinion of everyone at my office. Don’t be naive. She is not a strong AG.
Comment by Let'sMovetoTexas Thursday, Jul 16, 15 @ 1:25 pm
===in the opinion of everyone at my office===
lol
Comment by Rich Miller Thursday, Jul 16, 15 @ 1:28 pm
===…in the opinion of everyone at my office.===
If ya could, how is it playing at your Starbucks, Dunkin Donuts, and for an even better sample, add a McDonalds, your choice.
Comment by Oswego Willy Thursday, Jul 16, 15 @ 1:32 pm
Let’sMove, do you and your co-workers ever ever do any work during the day, or do you just stand around the water cooler all day and bash state employees and government?
Comment by Defeated Thursday, Jul 16, 15 @ 1:42 pm
LMTT, that is about how enlightened I am on a few matters close to home.
I’m sure you and the scores of deep thinkers at your office don’t think too much of the Enlightenment, anyway, based on previous posts.
Comment by Wordslinger Thursday, Jul 16, 15 @ 2:10 pm
Questions like this are inevitable when a family relationship is involved.
Presuming she is under her Dad’s control is as obtuse as presuming she is entirely free of any bias. Assume nothing.
Comment by Formerly Known As... Thursday, Jul 16, 15 @ 2:32 pm
Lisa where were you on pensions?
Comment by Facts are Stubborn Things Thursday, Jul 16, 15 @ 2:34 pm
I guess Rauner fans think that all father daughter relationships are corrupt. They just have to look at the Payton Prep. issue to verify that this is true.
Comment by Try-4-Truth Thursday, Jul 16, 15 @ 3:33 pm
==Lisa where were you on pensions?==
Most people, from lawyers and judges to English students, would consider a reduction in payments a ==diminishment==. The Supreme Court unanimously quashed any doubts.
Her opinion is what controls the AG office’s decision. If she contends her opinion was that the pension bill was Constitutional, despite many saying it was not before the bill was even signed, she may have been both truthful and alarmingly incorrect.
Comment by Formerly Known As... Thursday, Jul 16, 15 @ 3:47 pm
===Most people, from lawyers and judges to English students===
But minorities in the House and the Senate.
Just sayin…
Comment by Rich Miller Thursday, Jul 16, 15 @ 3:51 pm
==But minorities in the House and the Senate==
Truth is the truth. Power is power. Well said.
Comment by Formerly Known As... Thursday, Jul 16, 15 @ 5:59 pm