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US Supreme Court agrees to postpone filing deadline in pension case

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Illinois

In an action that’s going to set some tongues wagging, the U.S. Supreme Court has cleared the way for a possible appeal of an Illinois Supreme Court decision in May that rejected a state pension reform law.

The action came yesterday when the court granted a request from Illinois Attorney General Lisa Madigan to extend from Aug. 6 until Sept. 10 the deadline for asking the court to take up the matter, a legal step known as filing a writ of certiorari.

The request for more time was granted by Justice Elena Kagan, who reviews such requests from Illinois and other states in the federal 7th Circuit. Kagan did not indicate why she approved the application.

Madigan’s office has insisted that its request for more time is routine and had almost no comment yesterday evening. A Madigan spokesman wouldn’t even say whether the office was pleased that its request was approved or whether the high court action makes an eventual appeal more likely.

* From an earlier Hinz story…

In her petition to Kagan, Madigan said the case “raises important issues regarding the reserved powers doctrine of the U.S. Constitution, which prohibits a state from surrendering ‘an essential attribute of its sovereignty.’ ”

The high court may need to decide “whether the reserved powers doctrine prevents a state from abdicating its police powers authority to modify its own contractual obligations in extreme circumstances” and “if not, whether the Illinois Supreme Court identified the correct standard by which the validity of a state’s exercise of its police power is judged,” the petition said.

Madigan spokeswoman Eileen Boyce downplayed the significance of the petition, terming it “a fairly routine request. We’re reviewing all of our options before deciding on the next step.”

But Boyce could not immediately say when—or if—an Illinois attorney general had ever considered appealing an Illinois Supreme Court decision of this magnitude to the U.S. Supreme Court. And she said the office also is reviewing last week’s Cook Cook County Circuit Court decision that threw out city pension reform on the same constitutional grounds.

Asked flatly if Madigan is considering taking the matter to the U.S. Supreme Court, Boyce replied, “We are continuing to consider all of the next best steps.”

posted by Rich Miller
Tuesday, Aug 4, 15 @ 10:54 am

Comments

No reason not to allow an extension of the filing date. Nothing to see or speculate about here.

Comment by walker Tuesday, Aug 4, 15 @ 10:57 am
Agreed with walker. “Give us more time to file” ; “OK,” is not a story yet.

Comment by ZC Tuesday, Aug 4, 15 @ 10:58 am
“whether the reserved powers doctrine prevents a state from abdicating its police powers authority to modify its own contractual obligations in extreme circumstances” and “if not, whether the Illinois Supreme Court identified the correct standard by which the validity of a state’s exercise of its police power is judged,”

Hmmm…with all due respect AG, Illinois’ police power was never in question, although that is what you based your arguments on while being handed your lunch by the ISC. The issue was that you can’t have it both ways…the state cannot argue it needed in crisis to invoke police powers to set aside its contractual obligations when it was the state that made the crisis to begin with.

I believe this procedural step will end as it began…with a whimper…

Comment by Captain Illini Tuesday, Aug 4, 15 @ 11:02 am
This is standard procedure.

Comment by doh Tuesday, Aug 4, 15 @ 11:02 am
It will only be news if Lisa decides to file an appeal … which I personally think would be a mistake.

Comment by RNUG Tuesday, Aug 4, 15 @ 11:04 am
Mike Madigan was insitent that they could modify the consitution with police powers. This despite that fact that there is an id teified process for changein the consitution which he just tossed out.

Now ag madigan is pushing the issue for him in what appears to be a first ever expansion of the ag’s role and oath to uphold that State constitution…. For the first time i am now questioning whether the family tie is impacting the decisions about her sworn job.

Comment by Ghost Tuesday, Aug 4, 15 @ 11:05 am
Just dragging it out. They can drag it out for six more years as far as I am concerned.

Comment by A Jack Tuesday, Aug 4, 15 @ 11:07 am
Ghost–I’ve heard that the theory originated w/ the AG’s office, not the Speaker, though the Speaker used it as the basis for the findings section for the legislation.

Comment by D.P.Gumby Tuesday, Aug 4, 15 @ 11:10 am
Ghost, news of this action came out after the Chicago decision. Coincidence?

Comment by Norseman Tuesday, Aug 4, 15 @ 11:10 am
Ghost-

Her “sworn job” is to represent the state in court. The state passed a law, SB1, and as the state’s lawyer AG Madigan is duty-bound to zealously represent her cleint and attempt to see the law upheld. It would be bizarre and unseemly if Madigan DIDN’T file an appeal because of some other, political, calculation.

Don’t get me wrong, this is a losing case and SB1 was wrong-headed and mean-spirited. But Madigan isn’t the problem, the bozos that passed the bill (both Dem and Repub) are the problem.

Comment by Old and Tired Tuesday, Aug 4, 15 @ 11:10 am
No, Old and Tired, the problem is that no one dreamed Citizens United was possible either.

Comment by Wallinger Dickus Tuesday, Aug 4, 15 @ 11:15 am
It would seem to me to keep an eye open for similar cases being reviewed and submitted in other states. If a queue develops, the Supreme Court may feel the need to hear a case. I don’t think it’s likely, but I do think it’s possible.

Comment by A guy Tuesday, Aug 4, 15 @ 11:17 am
Ghost-Filing an appeal to the U.S. Supreme Court of a constitutional ruling by Illinois’ highest court is above and beyond the Attorney General’s “sworn job.”

Comment by Quiet Sage Tuesday, Aug 4, 15 @ 11:18 am
I meant to address my comment above to Old and Tired.

Comment by Quiet Sage Tuesday, Aug 4, 15 @ 11:20 am
Robert Moses just turned over.

Comment by The Velour Nail Tuesday, Aug 4, 15 @ 11:21 am
This extension is pretty routine, especially when at the request of a state Attorney General. There is no substantial federal question here, and the US Supremes would never want to inject themselves into Illinois’ fiscal and political death spiral.
Those ‘wagging tongues’ need to get real!

Comment by Let'sMovetoNorthDakota Tuesday, Aug 4, 15 @ 11:26 am
Ghost: is ‘Id teified’ process’ similar to the ‘ergo sum il stipulato’ process of Ancient Rome?

Comment by Anonymous Tuesday, Aug 4, 15 @ 11:27 am
The whole thing appears to be Lisa wanting to put State Employees on “Double Secret Probation”-

Comment by Beenthereseenthat Tuesday, Aug 4, 15 @ 11:38 am
No news here until/if an appeal to the US Supreme Court is made. Even then, would there be a federal reserve power doctrine issue? The ILSC ruled that the SB1 violated the constitution (in at least 5 ways) - not contractual law. The US Supreme Court would have to find that a State constitution (put in place by ballot) has no more force and effect than a contractual obligation created by the State legislature. Fat chance.

Comment by archimedes Tuesday, Aug 4, 15 @ 11:39 am
Old and Tired — Attorneys regularly advise against pursuing an appeal to SCOTUS, and for a variety of reasons. Our AG has the discretion not to file if she believes it’s inadvisable.

And these requests are routine and mean absolutely nothing when granted. So pretty much a yawn.

Comment by Archiesmom Tuesday, Aug 4, 15 @ 11:40 am
==which I personally think would be a mistake==

A large mistake.

Standard procedure to file for an extension, but all this does is make retirees and state employees sweat for even longer after the unanimous verdicts and plain language of the Constitution.

Comment by Formerly Known As... Tuesday, Aug 4, 15 @ 11:42 am
Fortunately we can expect the AG to pursue the ==blatantly unconstitutional== actions of the Senate just as aggressively should the Senate pass the pay decrease.

Comment by Formerly Known As... Tuesday, Aug 4, 15 @ 11:46 am
Considering states can’t file bankruptcy and pensions are a major issue for most of them, there could be value in the SC taking the case. As a retiree I don’t like the uncertainty but in reality we need to resolve this argument that is okay to default or change the rules on government pensions.

Comment by illlinifan Tuesday, Aug 4, 15 @ 12:09 pm
The Federal Constitution limits Federal police powers. The State Constitution limits State police powers.

I do not see a basis for a challenge to the State Supreme Court ruling.

Comment by Last Bull Moose Tuesday, Aug 4, 15 @ 12:14 pm
This is normal procedures. Nothing to set off an alarm.

Comment by Anonymous Tuesday, Aug 4, 15 @ 12:19 pm
Did Elena spend the weekend at the Koch Brothers’ retreat with Scalia, Alito, and Thomas?

Comment by Triple fat Tuesday, Aug 4, 15 @ 1:12 pm
Yes, what Justice Kagan’s done here is *extremely* common, indeed routine.

Comment by The Historian Tuesday, Aug 4, 15 @ 1:25 pm
Last Bull Moose:

If there is a federal constitutional issue then the federal constitution trumps the state constitution. I have no idea if there is a federal issue here or not.

Comment by Demoralized Tuesday, Aug 4, 15 @ 1:27 pm
Somebody better send those “Support State Workers” yard signs to the Supreme Court Justices before it’s too late.

Comment by Almost the Weekend Tuesday, Aug 4, 15 @ 2:05 pm
And our senator kirk is working with paul ryan on a bill to allow states to declare bankruptcy

Comment by foster brooks Tuesday, Aug 4, 15 @ 2:28 pm
For now just noise.

Comment by Facts are Stubborn Things Tuesday, Aug 4, 15 @ 3:12 pm
The Supreme Court in 1977 reiterated that ‘a state cannot refuse to meet its legitimate financial obligations simply because it would prefer to spend the money (on something else.)’

Comment by Nick Tuesday, Aug 4, 15 @ 3:40 pm
++- foster brooks - Tuesday, Aug 4, 15 @ 2:28 pm:
And our senator kirk is working with paul ryan on a bill to allow states to declare bankruptcy ++
Are you serious?

Comment by Mama Tuesday, Aug 4, 15 @ 4:21 pm
mama http://teacherpoetmusicianglenbrown.blogspot.com/2011/08/why-bankruptcy-should-never-become.html

Comment by Anonymous Tuesday, Aug 4, 15 @ 8:11 pm
Just one more necessary step from the old politician bunch that says, “We’ve tried everything. I guess we have to raise taxes now.” Fair enough.

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Comment by beauty Friday, Aug 7, 15 @ 1:00 pm