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DeVore threatens Welch on enforcement of House mask rule: “You will be next on the list”

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* Background is here if you need it. Tribune…

The politics of masks in schools spilled onto the House floor Tuesday as at least five conservative Downstate Republicans entered the chamber with bare faces. After Democratic Rep. Natalie Manley of Joliet, who was presiding over the chamber, reiterated the existing House rule requiring members to wear masks, even when speaking into a microphone, she singled out Rep. Blaine Wilhour, who refused to wear a mask.

Wilhour, of Beecher City, called mask mandates “unwanted and unnecessary,” before he was cut off for not having been recognized to speak.

In a joint statement, the group said they “no longer comply with the mask theater that takes place here.”

“It’s over,” the legislators said. “It’s gone on long enough.”

* This is true for expulsion, but members can be removed from the chamber for violating the mask rule following a motion which receives at least 60 votes…

The House later adjourned without incident. Members not following House rules could face disorderly behavior and expelled with a two-thirds vote of the members.

* Anyway, to the headline…

Not sayin’ he’d do it, of course, but would it violate his constituents’ “due process rights” if Rep. Wilhour was removed from the House floor for not wearing any clothes?

…Adding… I should’ve noted this in the post, but this is from the Illinois Constitution under legislative organization…

Each house shall determine the rules of its proceedings

DeVore’s suit (unless he’s threatening something else) wouldn’t get very far.

…Adding… You may recall that someone else sued over some House and Senate rules governing access to the press box. From the United States Court of Appeals, Seventh Circuit…

The defendants’ decisions to deny press credentials to Reeder were inseparable from their core legislative activities. They were intimately related to the shared goal of the Illinois Senate and House to regulate access to the floors of the state House and Senate. The defendants are thus entitled to absolute legislative immunity from suit in this case, and we AFFIRM the judgment of the district court to this effect.

“Absolute legislative immunity.” End of story. DeVore must be talking about something else, or he’s ignorant, or both.

posted by Rich Miller
Wednesday, Feb 16, 22 @ 9:48 am

Comments

I can’t imagine any judge (well, except maybe the “fishing is a constitutional right” judge) that would insert themselves into what rules the General Assembly can and cannot have. They can make whatever rules they want.

Comment by Demoralized Wednesday, Feb 16, 22 @ 9:51 am
What if he shows up without a necktie?

Comment by Pot calling kettle Wednesday, Feb 16, 22 @ 9:52 am
It’s clear Tommy doesn’t know what due process means. Perhaps he means his right to representation, but can’t his rep vote remotely like Darren does on the campaign trail?

Comment by Big Dipper Wednesday, Feb 16, 22 @ 9:53 am
You threating the Speaker tough guy?

Comment by Give Me A Break Wednesday, Feb 16, 22 @ 9:54 am
Toddlers will have tantrums.

Comment by Sir Reel Wednesday, Feb 16, 22 @ 9:56 am
“you will be next on the list”

Yea, he’s lost it. Two years in the spotlight and surrounded by radicals heaping him with praise.

Comment by NIU Grad Wednesday, Feb 16, 22 @ 9:56 am
Options:

1.) Remove members for not wearing masks and make them the darlings of the right wing media.

2.) Don’t remove members who refuse to remove their masks and be declared a loser by the right wing media.

I know what I would do if I were Speaker Welch but lets see what Speaker Welch does.

Either way, if Thomas DeVore sued a House Speaker for “violating right to due process” by having a member of the House removed for failing to follow House rules, I would hope action would be taken against him at the Bar. This isn’t a thing that exists and that lunatic shouldn’t remain an attorney if he sincerely believes the law supports that view.

Tom DeVore has clearly discovered that it is easy to separate money from the gullible who believe they lost their law suit because of some broad evil conspiracy, not because of the utter incompetence of their attorney.

Comment by Candy Dogood Wednesday, Feb 16, 22 @ 9:57 am
=“you will be next on the list”=

LOL, Welch is shaking in his boots.

Please oh please antagonize the guy with a super majority.

Comment by JS Mill Wednesday, Feb 16, 22 @ 9:58 am
Send ISP to have a chat with Mr Tough Guy. Might be time for the Bar Association to review his license.

Comment by Give Me A Break Wednesday, Feb 16, 22 @ 9:58 am
The Covid Tough Guy routine

Simple minded folks love these guys

Comment by Oswego Willy Wednesday, Feb 16, 22 @ 9:59 am
Pot, neckties are required in the Senate, not the House. You can wear pretty much anything in the House.

Comment by Rich Miller Wednesday, Feb 16, 22 @ 10:00 am
-I can’t imagine any judge (well, except maybe the “fishing is a constitutional right” judge) that would insert themselves into what rules the General Assembly can and cannot have.-

Right. The ones that know what they are doing anyway would not rule on how another branch of government handles its internal matters like this.

Comment by Ron Burgundy Wednesday, Feb 16, 22 @ 10:02 am
next on what list?

slightly unrelated, but this adds to the confirmation that our group made the right decision in moving our solar eclipse vacation plans in 2024 from southern Illinois, to Mexico.

Comment by TheInvisibleMan Wednesday, Feb 16, 22 @ 10:02 am
===The Covid Tough Guy routine===

Hulkmania without any of the charm, kindness, or charisma and with too much insecurity to wear a boa or tights.

Comment by Candy Dogood Wednesday, Feb 16, 22 @ 10:03 am
= Please oh please antagonize the guy with a super majority.=

It’s called ’sealioning’ and it has a very specific purpose. If you want to see a perfect example of it in action, you can meander over to that crazy woodshed lady on twitter.

Welch is smart enough to know how to handle this.

Comment by TheInvisibleMan Wednesday, Feb 16, 22 @ 10:04 am
“…you will be next on the list.”

Threatening a public official is against the law, Counselor. What is “the list,” and what happens to people on it?

Comment by Dirty Red Wednesday, Feb 16, 22 @ 10:08 am
“Not sayin’ he’d do it, of course… not wearing any clothes?”
In the current climate, are you sure you can say that Rich?
Or is this meant as a challenge? S/

Comment by Bruce( no not him) Wednesday, Feb 16, 22 @ 10:09 am
Where was DeVore when Bobby Rush got removed from the US House floor for wearing a hoodie? Or are only some protests valid?

Comment by One hand //ing Wednesday, Feb 16, 22 @ 10:10 am
We will all be glad when the pandemic is in our collective rear view mirrors. I will especially rejoice when this guy’s 15 minutes of fame are up.

Comment by Observation Wednesday, Feb 16, 22 @ 10:11 am
===I would hope action would be taken against him at the Bar===

Merely issuing public threats of specious legal action ought to be enough, but the ARDC is just worthless on this stuff.

Comment by Rich Miller Wednesday, Feb 16, 22 @ 10:12 am
As to the legislators - it is a sign of cowardice to wait until the end of the mandate to then stomp your feet and puff your chest.

Comment by H-W Wednesday, Feb 16, 22 @ 10:13 am
Has Thomas DeVore watched “My Cousin Vinny” too many times?

Next on the list…weak sauce.

Comment by Rudy’s teeth Wednesday, Feb 16, 22 @ 10:15 am
So is DeVore going to walk into court today without a mask and threaten the Judge if she says wear a mask? He sure wasn’t yelling due process back during those days in court.

Comment by Club J Wednesday, Feb 16, 22 @ 10:18 am
Rules are rule. Follow them or face the consequences. If you abhor said rules, do something to get them changed. Until that change occurs, nobody is exempt. Sick of only the folks who seem to create the biggest fuss/disturbance being exempted from a whole set of rules because it’s easier to let them “get by with it” than dealing with a hissy fit.

Comment by DownSouth Wednesday, Feb 16, 22 @ 10:21 am
How do I get on Tom DeVore’s list? Don’t want to be left out, I love tough guys.

Comment by Larry Bowa Jr. Wednesday, Feb 16, 22 @ 10:24 am
It is disgusting so many politicians and people seeking celebrity status are using basic, basic health precautions as a way to gain notoriety. But what this shows us is another example of a problem we already know exists: politicians are playing to the extreme bases of their party. If they really cares about public health, safety, and the lives of their constituents we wouldn’t be having this discussion. That doesn’t bode well for anyone.

Comment by Just Me 2 Wednesday, Feb 16, 22 @ 10:26 am
He certainty is possessive, my voice, my children, my my

Comment by Rabid Wednesday, Feb 16, 22 @ 10:26 am
==you will be next on the list==
Paging Chris Jericho…

Comment by Panther Pride Wednesday, Feb 16, 22 @ 10:28 am
-but the ARDC is just worthless on this stuff-
Disagree-they do take action but not open to public until a complaint is filed. And only the Illinois Supreme Court can order punishment. See David Novoselsky

Comment by DE Wednesday, Feb 16, 22 @ 10:30 am
-but the ARDC is just worthless on this stuff-
-Disagree-they do take action-

Not typically on public statements though as the disciplinary rules don’t really cover that. They are more focused on what the lawyer does in court and the relationship with their clients.

Comment by Ron Burgundy Wednesday, Feb 16, 22 @ 10:32 am
The DeVore nonsense will not be lost on the appellate court hopefully. The ruling seems to have unleashed the kraken… and it potentially impacts the ability to protect public health both today and into the future.

Comment by Lincoln Lad Wednesday, Feb 16, 22 @ 10:33 am
@ Larry Bowa Jr - I have been trying to get on a list for a long time. I teach Critical Race Theories. No one seems actually concerned however. All bluster, no teeth apparently.

Comment by H-W Wednesday, Feb 16, 22 @ 10:34 am
“you will be next on the list.” this is threatening. it feels ominous and so not appropriate for political dialogue. but it also feels like poor little DeVore has to pump himself up. has he violated any ethical rules of judicial campaigning with his words? the rules for lawyers are different than those for a judicial campaigner. it gets more scrutiny if you want to become a person judging others for real.

Comment by Amalia Wednesday, Feb 16, 22 @ 10:38 am
mr/ms GMAB
Good idea. Perhaps those who report to Brendan Kelly will see this discussion and go knock on Gomer’s door. “next on the list” sounds like outfit talk to us

Comment by Annonin' Wednesday, Feb 16, 22 @ 10:41 am
==Not sayin’ he’d do it, of course, but would it violate his constituents’ “due process rights” if Rep. Wilhour was removed from the House floor for not wearing any clothes?==

Has that ever happened before? Unclothed people in the Capitol (if not the chambers, among the protesters)?

Comment by NonAFSCMEStateEmployeeFromChatham Wednesday, Feb 16, 22 @ 10:47 am
Seat belts are not necessary if you don’t have a collision.

So seat belts are not necessary.

However, the possibility of retroactively fastening a seat belt to prevent injury after a collision is null.

Mutatis mutandis for masks.

Comment by Glenn Wednesday, Feb 16, 22 @ 10:47 am
Because the courts have been so eager to tell the legislature what to do.

“Hey Illinois courts, no one in their right mind considers this a balanced budget” — Lawyer
“The legislature can define balanced any way they want” — courts

“Hey Illinois courts, this level of education funding meets the standard of sufficient” — Lawyer
“The legislature can define sufficient any way they want” — courts

“Hey Illinois courts, my legislator had to wear a mask on the floor of the legislature” — Lawyer
“Now wait a second, that is a bridge to far” — courts? Seems unlikely

Comment by OneMan Wednesday, Feb 16, 22 @ 10:51 am
===Has that ever happened before?===

Not that I’m aware of. But the fountain outside the Statehouse might be a different story lol

Comment by Rich Miller Wednesday, Feb 16, 22 @ 10:51 am
Ooh, can I be next on the list?

Comment by The Velvet Frog Wednesday, Feb 16, 22 @ 10:52 am
===Seems unlikely ===

Especially since the Illinois Constitution specifically grants the two chambers the authority to devise their own rules.

Comment by Rich Miller Wednesday, Feb 16, 22 @ 10:54 am
@ AFSCME - Not sure about here, but I know at West Point, a cadet once showed up at morning formation completely naked. He was expelled. His name was Edgar Alan Poe.

Comment by H-W Wednesday, Feb 16, 22 @ 10:54 am
==Not that I’m aware of. But the fountain outside the Statehouse might be a different story lol==

Perhaps during the ERA battles when they got heated (late 70s and especially spring ‘82)? Or sadly, another example of the homeless problem in Springfield?

Comment by NonAFSCMEStateEmployeeFromChatham Wednesday, Feb 16, 22 @ 10:55 am
For Uihlen to demonstrate his Conservative bonafides to the Eastern bloc types on the off chance Bailey makes it. I’m guessing his donations to Irvin will be significantly larger if and when he wins the primary.

Comment by Chicago Blue Wednesday, Feb 16, 22 @ 11:03 am
Part of me wants DeVore to file a lawsuit. Why? Because it’s IMHO the poster child for Rule 137 sanctions, which can then lead to potential ARDC action.

Comment by DirtLawyer Wednesday, Feb 16, 22 @ 11:06 am
If Wihour refuses to follow the rules and can’t get to the floor, his constituents probably have a better case against him for abandonment than against Welch for “due process” violations. Show up ready to work or lose your job man. That used to be a Republican principle…

Comment by vern Wednesday, Feb 16, 22 @ 11:16 am
PS: I don’t disagree in principle with Rich. ARDC tends to go after the lowest-hanging fruit these days. But is this far enough down the tree?

Comment by DirtLawyer Wednesday, Feb 16, 22 @ 11:17 am
Glad Devore said Wilhour is his voice, his puppet, out loud. Neeed to state the unsaid part

Comment by Lt Guv Wednesday, Feb 16, 22 @ 11:19 am
==It’s called ’sealioning’ and it has a very specific purpose. If you want to see a perfect example of it in action, you can meander over to that crazy woodshed lady on twitter.==

How she is still on Twitter is amazing.

Comment by MrMisery Wednesday, Feb 16, 22 @ 11:20 am
Lots to ponder from this advice. https://www.isba.org/sections/bench/judicialcandidates code of conduct and more.

Comment by Amalia Wednesday, Feb 16, 22 @ 11:35 am
To Mr. DeVore….

“Lighten Up Francis” — Sgt. Hulka, “Stripes”, 1981

Comment by SpiDem Wednesday, Feb 16, 22 @ 11:35 am
Right-wing wackos are so cute when they bring up due process.

Comment by Southern Wednesday, Feb 16, 22 @ 11:43 am
For a reality check (and personal amusement), I have been replacing “mask” with “pants” whenever I encounter a story like this.

Here’s the rewrite for the story above:

The politics of pants in schools spilled onto the House floor Tuesday as at least five conservative Downstate Republicans entered the chamber with bare bottoms. After Democratic Rep. Natalie Manley of Joliet, who was presiding over the chamber, reiterated the existing House rule requiring members to wear pants, even when speaking into a microphone, she singled out Rep. Blaine Wilhour, who refused to wear pants.

Wilhour, of Beecher City, called pants mandates “unwanted and unnecessary,” before he was cut off for not having been recognized to speak.

In a joint statement, the group said they “no longer comply with the pants theater that takes place here.”

“It’s over,” the legislators said. “It’s gone on long enough.”

Comment by Pot calling kettle Wednesday, Feb 16, 22 @ 11:45 am
But think of the money DeVore can fundraise on FB. Hard working Central IL people I grew up with will step right up and give him part of their paycheck and he knows it, counts on it.

Comment by Ugh Wednesday, Feb 16, 22 @ 12:14 pm
===my voice, Blaine Willhour===

I wonder how Wilhour’s constituents feel about their Rep bing DeVore’s sock puppet.

Comment by Nick Name Wednesday, Feb 16, 22 @ 12:38 pm
=== “Absolute legislative immunity.” End of story. ===

I get that DeVore is over the top enamored of himself, but does the dude not have enough composure to stop and consider basic and clearly established law before threatening the House speaker and making himself look like a dummy?

Sheesh, maybe head back for some more R&R with the three brunettes, then try again.

Comment by Bud's Bar Stool Wednesday, Feb 16, 22 @ 12:55 pm
Could you imagine being a person who, after a colleague explains that your behavior is making her afraid for her own life and the life of her children, showing up to work the next day essentially saying, “I don’t care! I don’t care if you or your children do get sick.”

Three years ago I likely would have told you I didn’t even know anyone like that. These are people who do not respect their colleagues or the body of which they are a part.

Comment by MostlyOk Wednesday, Feb 16, 22 @ 12:58 pm
-Absolute legislative immunity.-

Guess he’ll have to sue Wilhour instead for denying him representation. I’m sure he’ll get right on that.

Comment by Ron Burgundy Wednesday, Feb 16, 22 @ 1:21 pm
The gall that of these legislators to call it “masking theater” when they themselves are basically the Rodgers and Hammerstein of it all is humorous, but not surprising. Republicans have been really turning the “accuse others of that which you are guilty” knob to 11 since Trump came into the picture. Arguably before, but definitely since.

Comment by Commisar Gritty Wednesday, Feb 16, 22 @ 1:40 pm
This is what privilege looks like.

Comment by Nanis Wednesday, Feb 16, 22 @ 3:42 pm
Each house of the legislature may make their own rules. Illinois Constitution. Period

Comment by low level Wednesday, Feb 16, 22 @ 8:14 pm