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Leader of Kilbride opposition has Rauner-like plan for gridlock, reform

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Illinois

Jim Nowlan, a former Republican state representative, is chairing the committee trying to oust Kilbride. He said they hope to leave the Supreme Court deadlocked 3-3 between Republicans and Democrats, if his group is successful in getting Kilbride removed.

“That way when Mike Madigan comes out with his (redistricting) map, we can have a judge – from outside Cook County – rule its unconstitutional and the supreme court will be deadlocked and unable to reach a majority to overturn the decision.

He presumes the high court would also be deadlocked in picking a replacement for Kilbride. And he also presumes that a judge will be found who is willing to rule a map – which hasn’t even been drawn yet – is unconstitutional. And he presumes the high court would vote in a partisan manner on a redistricting case.

There are a lot of presumptions there.

No kidding. Nowlan just assumes that the most historically bipartisan institution in the state will suddenly become extremely partisan and the result, like magic, will be great for Illinois.

Anybody remember the last person who fervently believed that hyperpartisan gridlock would magically result in reform? Does the name Bruce Rauner ring a bell?

* Back to Reeder…

But these kinds of political machinations are not why the drafters of the Illinois Constitution allowed for voters to decide whether a judge should be retained. While few drafters of the 1970 constitution are still alive, I spoke with one of them, Springfield lawyer Mary Lee Leahy, ten years ago about this topic. She died two years later in 2012.

Here is what she had to say: “Nobody ever dreamed that retention would be used in this way. The idea was to give voters a chance to get rid of bad judges – ones who made sloppy decisions or were rude to lawyers or who behaved in an erratic way. It was never intended to be used to punish judges for voting a particular way. The judiciary has to remain independent and act without fear of retaliation of an interest group.”

In other words the way Kilbride is being targeted is an abuse of the process.

posted by Rich Miller
Thursday, Oct 8, 20 @ 12:31 pm

Comments

Never really thought Nowlan has been all there in recent years. Same goes for Ray LaHood. Wonder who is doing their ghosting writing? Could be a QOTD

Comment by Annonin' Thursday, Oct 8, 20 @ 12:36 pm
Last year Jim Nowlan said of himself: “I am losing touch with a world I haven’t been involved with professionally for years.”

We should listen to 2019 Jim Nowlan regarding 2020 Jim Nowlan.

Comment by Leigh John-Ella Thursday, Oct 8, 20 @ 12:37 pm
“That way when Mike Madigan comes out with his (redistricting) map, we can have a judge – from outside Cook County – rule its unconstitutional and the supreme court will be deadlocked and unable to reach a majority to overturn the decision.”

That’s the plan? If so, someone should tell Nowlan the Illinois constitution denies the circuit court jurisdiction on redistricting case and instead grants “original and exclusive” jurisdiction over redistricting to the Supreme Court. That means only the Supreme Court can rule on a map. If he tries to go forum shopping to get a lower court to rule a map unconstitutional, he’s going to find out every court will say it lacks jurisdiction to hear the case. And if they go to the Supreme Court and it deadlocks 3-3, the map would be upheld without a decision because the Supreme Court can’t do anything without four voted. I mean, good lord. He’s attacking the independence of the judiciary on the basis of a plan that lacks even a rudimentary understanding of the process he’s trying to hijack.

Comment by really? Thursday, Oct 8, 20 @ 12:47 pm
Gasp. Nowlan had so many of us thinking of him as a do-gooder and presenting himself as beyond reproach. He is now do-gooder toast and fallen from his ethical perch.
What’s in it for Jim?

Comment by Medvale School for the Gifted Thursday, Oct 8, 20 @ 12:49 pm
Jim Nowlan… “Rauner in a squeaker.” Heck of a prediction. Rauner lost by the largest margin ever for and Illinois incumbent governor. I remember when Jim made so much sense, the 90s and early 2000s.

Comment by Ducky LaMoore Thursday, Oct 8, 20 @ 12:51 pm
Fair maps would make this pitch irrelevant.

Comment by Frumpy White Guy Thursday, Oct 8, 20 @ 12:51 pm
“the most historically bipartisan institution in the state”
who you kidding? they’re bipartisan on non-political cases and hugely partisan on political cases like the referendum to get rid of gerrymandering.
Kilbride wrote the majority 4-3 decision to kill the proposed constitutional amendment that Madigan opposed.

Comment by jim Thursday, Oct 8, 20 @ 12:53 pm
Sigh… I use to vote republican. I am ok with challenge a partisan MM map. But this current streak in the republican party to resort to tactics that are patently undemocratic and designed only to harm the larger institutions in our state and nation is horrible. It is why I probably won’t be voting republican any time soon.

Comment by Funtimes Thursday, Oct 8, 20 @ 12:54 pm
The Republican Party’s main national objective is to push for conservative-dominated courts to rule against the wishes of the majority to achieve their regressive agenda. Sad to see them hoping to achieve this in Illinois.

Comment by NIU Grad Thursday, Oct 8, 20 @ 12:56 pm
===who you kidding?===

You cherry pick one decision and say this? lol

Go take a nap.

Comment by Rich Miller Thursday, Oct 8, 20 @ 1:00 pm
===Fair maps would make this pitch irrelevant.===

When the good leaders of Texas, Ohio, Florida and elsewhere hop on the fair maps bandwagon, we can too. And not a moment before that

Comment by Joe Bidenopolous Thursday, Oct 8, 20 @ 1:02 pm
The law, and its interpretation, belong to the people, and voters should have a say in who interprets and enforces it. Twenty years on the supreme court should be enough for anyone.

Comment by HorseFaceHarry Thursday, Oct 8, 20 @ 1:03 pm
==they’re bipartisan on non-political cases and hugely partisan on political cases like the referendum to get rid of gerrymandering.==

Yet I notice that retired Justice Thomas, in the minority of the gerrymandering case, has endorsed Kilbride for retention..

Comment by Bigtwich Thursday, Oct 8, 20 @ 1:04 pm
===voters should have a say in who interprets and enforces it. Twenty years on the supreme court should be enough for anyone===

So, which is it?

Comment by Rich Miller Thursday, Oct 8, 20 @ 1:05 pm
Kilbride rules on more than 1,800 cases in his career and the voices for fairness focus one or two and call that a step forward? Jim Nowlan and your Naperville dark-money PAC - time to to apologize to the citizenry. You led citizens to believe you were a good-government kind of guy out in Stark County. Come on, man.

Comment by west wing Thursday, Oct 8, 20 @ 1:11 pm
It was never intended to be used to punish judges for voting a particular way

It is really hard to think that they REALLY believed that back in 1970. If so, that explains a lot as to what went wrong.

You want to make your constitution so that even if someone tries to use it in a bad way there are checks.

Oh, there is. The voters….

Comment by Fav Human Thursday, Oct 8, 20 @ 1:22 pm
What “deadlock”? Justice Kilbride, on the merits, deserves to be retained by the district voters. But even were he not retained, the SEVEN current members of the Supreme Court vote to pick a successor Justice (in the month following the election). They will be fortunate to find a Justice as good as he is. But deadlock? Nope.

Comment by M, Esq. Thursday, Oct 8, 20 @ 1:35 pm
I had (still have) great respect for Mary Lee Leahy as an attorney, but if she honestly believed electing judges, giving voters the direct ability to be a check on judges, wouldn’t become political exercise based on decisions that judge made, that’s some pie in the sky, naive thinking.

Comment by fs Thursday, Oct 8, 20 @ 1:36 pm
If you want to know what the delegates who wrote the 1970 constitution thought, you don’t have to rely on notes from an old interview; another delegate is now serving in the General Assembly.

Comment by Socially DIstant watcher Thursday, Oct 8, 20 @ 1:40 pm
“… another delegate is now serving in the General Assembly.”

One who remembers the legacy of Orville Hodges, correct?

Comment by Anyone Remember Thursday, Oct 8, 20 @ 1:48 pm
Bruce and Diana Rauner infected the minds of, it appears, the mindless to good governance and judicial honesty.

If you wonder why I *keep* calling these folks Raunerites, it’s the infection of minds and thoughts… and the removal of Raunerites that aid in this infection… that need to go.

Help me help you… this is not good in any way.

Jim Nowlan is in NO WAY… helping any institution or our state.

Reject Raunerism… again.

Comment by Oswego Willy Thursday, Oct 8, 20 @ 1:50 pm
===“Rauner in a squeaker.”===

I didn’t believe it, so I looked it up. Yep, he wrote it - and just a few weeks before the election, too

https://www.daily-journal.com/opinion/columnists/local/jim-nowlan-will-rauner-win-in-2018/article_f3d1298c-11fe-5716-aca6-f3582ad7c9c8.html

Comment by Rich Miller Thursday, Oct 8, 20 @ 2:01 pm
Point of information

Anyone interested in the Con Con discussion re judicial selection will find all the pertinent committee reports as well as complete transcripts of floor debate on the Judicial Article at https://ilga.gov/commission/lru/Sixth%20Illinois%20Constitution%20Convention.zip.

Charlie Wheeler

Comment by Charlie Wheeler Thursday, Oct 8, 20 @ 2:01 pm
- Charlie Wheeler -

Thank you for continuing to be a beacon of the institutional knowledge we all need to look to and understand when the veering goes away from the actual.

===“Rauner in a squeaker.”===

If you can’t grasp someone is down 16 points and will be later a loser 5 minutes after the polls close, maybe that acumen isn’t tuned in all that well.

Comment by Oswego Willy Thursday, Oct 8, 20 @ 2:07 pm
“Bruce and Diana Rauner infected the minds of, it appears, the mindless to good governance and judicial honesty.”

This all day, OW. I recall when Rauner was voting there was picture of him holding his paper ballot and he had voted against all judges running for retention in Cook County, of which several were Republicans. This kind of mindless, petty “throw the all bums out” is a shining example of ignorance.

Comment by Paddyrollingstone Thursday, Oct 8, 20 @ 3:00 pm
(Tips cap to - Paddyrollingstone -)

This alone…

=== “That way when Mike Madigan comes out with his…===

Stopping here…

When the crux of an argument is “Fire Madigan”, I can’t take seriously the premise of what you hope to accomplish.

Again, it’s the thoughtless

Comment by Oswego Willy Thursday, Oct 8, 20 @ 3:23 pm
=Yep, he wrote it - and just a few weeks before the election, too=

I particularly like the part of the article where Nowlan describes the damage inflicted on Madigan and how Rauner will be able to continue that for another four years. Not only did he lose but a historic margin but he took the entire party down with him.

I think Nowlan needs to get out of the prediction business.

Comment by Pundent Thursday, Oct 8, 20 @ 4:55 pm
This is ludicrous. The Supreme Court would appoint someone to sit in the seat until the next election. That person would be there during any remap litigation. Kilbride would be involving in picking that person, and most likely, he would select the person and the rest of the court would go along with it. Heck, the supreme court might even appoint Kilbride himself to sit another two years before the election. Regardless, a 3-3 deadlock for the next two years is a fantasy. Meanwhile, between now and election day 2022, the supreme court map will be redrawn, AND the dems will likely win the seat in the second district. This entire thing is idiotic.

Comment by Bad Karma Thursday, Oct 8, 20 @ 5:00 pm
===This entire thing is idiotic===

I never promised you a rose garden

Comment by Rich Miller Thursday, Oct 8, 20 @ 5:01 pm
He was a two-term state rep about 50 years ago. I’d say he’s irrelevant at this point.

Comment by Central IL Thursday, Oct 8, 20 @ 10:23 pm