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Quinn’s elected Chicago school board case tossed by appellate court

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Illinois

* Cook County Record…

Chicago residents could have the right to vote in a school board election. But under Illinois’ state constitution, Chicago residents do not necessarily have the right to a school board election, a state appeals court has ruled.

On March 29, a three-justice panel of the Illinois First District Appellate Court upheld a Cook County judge’s decision to toss out a lawsuit brought by former Ill. Gov. Pat Quinn and a group of Chicago residents, challenging state law granting the mayor of Chicago unchecked authority to appoint the members of the Chicago Board of Education, which they said violates their rights under the Illinois constitution. […]

To date, neither the city nor the state has formally answered the lawsuits in court, as both a federal district judge and Cook County Judge Michael T. Mullen dismissed the actions. The plaintiffs then appealed both results. To date, the U.S. Seventh Circuit Court of Appeals has not yet ruled on the appeal of the federal case. […]

Justices noted the Illinois constitution does not require any elections for any school board or other school district “officers,” saying merely the “selection” of such school officers is subject to the provision of the Illinois General Assembly. In this case, the justices said, the General Assembly appears to have opted to give the mayor of Chicago the sole vote on who should serve on the Board of Education.

Quinn was on the right side here (at least, as far as my opinion goes), but the ruling seems logical.

posted by Rich Miller
Wednesday, Apr 4, 18 @ 12:16 pm

Comments

There’s no right to an elected school board. There never was. These lawsuits are dumb.

Comment by Anon E. Moose Wednesday, Apr 4, 18 @ 12:20 pm
Here’s the decision: http://illinoiscourts.gov/Opinions/AppellateCourt/2018/1stDistrict/1170834.pdf

“Plaintiffs’ brief to this court forthrightly admits that ‘there has never been a right to vote for the Chicago Board of Education.’”

Comment by Anon E. Moose Wednesday, Apr 4, 18 @ 12:23 pm
What is morally right and what is legal according to the statutes is not always one and the same.

Comment by RNUG Wednesday, Apr 4, 18 @ 12:24 pm
=== What is morally right and what is legal according to the statutes is not always one and the same. ===

Further, I would say there is no “moral” issue involved here. It is simply an issue of how a school board gets constituted.

Comment by Anonymous Wednesday, Apr 4, 18 @ 12:26 pm
Issue was doomed the moment Quinn touched it.
He’s like King Midas except gold is not the end result.

Comment by Leigh John-Ella Wednesday, Apr 4, 18 @ 12:35 pm
Of course, this isn’t the end of Pat Quinn. It’s like a game of whack-a-mole, waiting to see where he pops up next.

Comment by Trapped in the 'burbs Wednesday, Apr 4, 18 @ 12:36 pm
Chicago needs it. Mayoral control of the board is putting the BOE into the hands of big corporate interests. For four years, parents and teachers have complained about cleanliness in schools. What does non-elected school board do? Increases the contract to two multi-national corporations who were responsible for the lack of cleanliness.

Comment by Anon35 Wednesday, Apr 4, 18 @ 1:26 pm
==Issue was doomed the moment Quinn touched it.
He’s like King Midas except gold is not the end result.==

That’s not true, at least in the way I think you mean it. And it’s actually much worse. He did win the battle for constitutional amendment to cut back membership in the House, but it would be virtually impossible for someone to rule the House as Madigan has done over the years under the proportional voting scheme. It would also be a lot harder for someone like the governor to buy a party’s house members — he would have to finance 3 candidates to oust a member who crossed him.

Comment by Whatever Wednesday, Apr 4, 18 @ 1:36 pm
Doesn’t PQ have one close friend that can step up and tell him to stop embarrassing himself?

Comment by Friend Wednesday, Apr 4, 18 @ 2:06 pm
I would think there would be a federal case under the 14th Amendment’s equal protection clause.

–All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.–

Maybe someone needs to lawyer up better.

Comment by wordslinger Wednesday, Apr 4, 18 @ 2:27 pm
Well that clears it up so now he can announce he’s running for mayor.
How can we miss you when you won’t go away?

Comment by Pieroge tirebiter Wednesday, Apr 4, 18 @ 2:48 pm
He was Governor for 6 years with Supermajorities for the last 2, he probably should have pushed for this legislatively

Comment by Fax Machine Wednesday, Apr 4, 18 @ 2:51 pm
=I would think there would be a federal case under the 14th Amendment’s equal protection clause.=

Plaintiff’s did raise a 14th Amendment equal protection argument - in the federal cases that are awaiting rulings from the 7th Circuit.

Comment by JoanP Wednesday, Apr 4, 18 @ 2:53 pm
Why this is in federal court is a real mystery. How the 14th Amendment applies to local school boards is a real stretch. This isn’t to say that Quinn doesn’t have a good idea here. He should take it to the Illinois legislature.
https://www.amazon.com/Government-Judiciary-Studies-Jurisprudence-Legal/dp/0865971447

Comment by Steve Wednesday, Apr 4, 18 @ 3:11 pm
–Why this is in federal court is a real mystery. How the 14th Amendment applies to local school boards is a real stretch.–

Ever hear of Brown vs. Board of Education?

Comment by wordslinger Wednesday, Apr 4, 18 @ 3:30 pm
This whole argument signaled more costs of government that we can’t afford. Don’t vote for the Mayor if you don’t like the Mayor’s appointments. How much does it cost to add more elections? Are the members going to be paid now also? Just stop. We need more elected positions like a hole in our head.

Comment by denisquared Wednesday, Apr 4, 18 @ 4:25 pm
Very good news for the citizens of Chicago.

Comment by Ron Wednesday, Apr 4, 18 @ 9:35 pm