Capitol Fax.com - Your Illinois News Radar

This just in… Expect Monday court ruling on capital bill

Posted in:

Illinois

* 4:30 pm - I’ve been distracted by other things, but the Illinois Supreme Court’s press office called a while ago to say that the Court will issue an opinion in the capital bill case on Monday morning. The Trib has a short piece on it as well…

The Illinois Supreme Court will release a decision Monday on the legality of a 2009 law that raised liquor taxes and legalized video poker around the state, the high court said today.

Supreme Court spokesman Joseph Tybor said the decision is expected to be filed by 9 a.m. The decision could strike down or uphold the wide-ranging legislation meant to raise billions of dollars for construction projects.

A state appellate court ruled in January that lawmakers didn’t properly assemble the pieces of a deal that legalized video poker for bars, restaurants and truck stops and raised taxes on candy, beauty products, liquor and license plate stickers.

This is the first time I can recall that the Supremes have announced a decision release this far in advance.

posted by Rich Miller
Thursday, Jul 7, 11 @ 4:32 pm

Comments

The Court releases the anticipated opinion list the 1st and 3rd Monday of every month, and the opinions come out on the following Thursday or Friday (http://www.state.il.us/court/SupremeCourt/Antic_Ops/default.asp), so it isn’t unusual for the Supremes to give 4 days notice.

Comment by Court Info Thursday, Jul 7, 11 @ 4:39 pm
===so it isn’t unusual for the Supremes to give 4 days notice. ===

Maybe, but they’ve never given me a heads up like that.

Comment by Rich Miller Thursday, Jul 7, 11 @ 4:55 pm
It would suggest that someone, other than commenters on this blog, views you as a pretty important source for disseminating news of consequence.

Comment by Justice Thursday, Jul 7, 11 @ 5:08 pm
–This is the first time I can recall that the Supremes have announced a decision release this far in advance.–

Same here. I would think the hay is in the barn, and the decision is ready to go. So what’s with the delay?

They’re sure putting themselves front-and-center for speculation in the Sunday papers, TV and radio. Front-and-center ain’t exactly the Supremes modus operandi.

It raises an interesting question — can the individual members of the Supremes keep a lid on it until Monday? Reporters, columnists and certain Cap Fax proprietors from all over the state are going to be chasing it.

Interesting. My guess is that they’re softening the ground for bad news for those who were counting on the money.

Comment by wordslinger Thursday, Jul 7, 11 @ 5:19 pm
I wonder if the opinion date has any significance?

Comment by TTWSYF Thursday, Jul 7, 11 @ 5:20 pm
Announcement date: 7/7/11
Opinion date: 7/11/11
So the Supremes have a sense of humor or irony.

Comment by TTWSYF Thursday, Jul 7, 11 @ 5:22 pm
Rich, it just means they’ve recognized that you’re a better reporter than most of the crappy newspapers and tv stations out there that can’t report themselves outside of a paper bag despite their claims to be real “journalists.”

Comment by Not a Newcomer Thursday, Jul 7, 11 @ 5:27 pm
–Announcement date: 7/7/11
Opinion date: 7/11/11
So the Supremes have a sense of humor or irony–

Rolling craps?

Comment by wordslinger Thursday, Jul 7, 11 @ 5:28 pm
If the Supremes uphold the Appellate Court then Northstar would not be able to operate the lottery which they took over on 7/1. Northstar has installed all new lottery equipment and a satellite network in retailers venues which they own as well. In theory Northstar could allow the lottery to operate their equipment with no promise of revenue but I doubt that they would do that as they would benefit by the urgency of no lottery sales.

Comment by TTWSYF Thursday, Jul 7, 11 @ 5:52 pm
“Rolling craps?”

Or they need a Big Gulp.

Comment by Cincinnatus Thursday, Jul 7, 11 @ 6:10 pm
The Supremes just want to make sure Rich is not out on the Beautiful Tranquil Waters of Lake Springpatch when they announce it. There is nothing worse then a our blog leader leaving his party barge drenched in Coconut Sun Screen and carrying his adult beverage to the presser.

Comment by Give Me A Break Thursday, Jul 7, 11 @ 6:11 pm
“The Supremes just want to make sure Rich is not out on the Beautiful Tranquil Waters of Lake Springpatch when they announce it. There is nothing worse then a our blog leader leaving his party barge drenched in Coconut Sun Screen and carrying his adult beverage to the presser.”

In his Speedo and a Hawaiian shirt.

Comment by Cincinnatus Thursday, Jul 7, 11 @ 6:12 pm
Cinci: Please stop it, the mental image that conjures up is not fit for a family blog. However, it could force the Supremes to expedite the announcement just head off any possible chance they would encounter Rich in a Speedo.

Comment by Give Me A Break Thursday, Jul 7, 11 @ 6:17 pm
Maybe the decision date means some of the construction workers will end up working at 7-11 instead.

Comment by Anonymous Thursday, Jul 7, 11 @ 6:33 pm
I have a simplistic theory. If they were going to affirm, why accept the case and take the heat? Ergo, they will overturn.

Comment by steve schnorf Thursday, Jul 7, 11 @ 7:35 pm
- I have a simplistic theory.

I like your thinking but I believe since the Appellate Court ruling was based on a matter of constitutionality the ILSC had to hear the case.

Comment by TTWSYF Thursday, Jul 7, 11 @ 7:43 pm
Wordslinger, you are being absurd. This is standard operating procedure for the IL S Ct. Nothing to see here, people. Move along.

Comment by Nice kid Thursday, Jul 7, 11 @ 8:36 pm
TTWSYF, you are correct. It was funny when the Dean of Kent Law and other were “predicting” that the Court would take the case because of its importance. When a statute is declared unconstitutional by an appellate court or circuit court, the appeal is as of right, not permissive.

Comment by Anonymous Thursday, Jul 7, 11 @ 9:02 pm
Then, i would suggest that their scheduling, which gave the GA and Gov no opportunity to salvage the construction program for this year if they affirmed, was indicative of their intention to reverse.

Comment by steve schnorf Thursday, Jul 7, 11 @ 9:17 pm
It will be (a) toast one way or the other come Monday. In my opinion, the Supremes will see no good in what the GA has put on the table.

Comment by Das Man Thursday, Jul 7, 11 @ 10:43 pm
Another simplistic (yet snarky) theory: the IL Supremes have been feeling left out with the whole Blago and Anthony trials — so they wanted to make a brief splash and will affirm, sending Illinois further into the abyss.

Comment by unclesam Thursday, Jul 7, 11 @ 10:44 pm
-Steve
Capitol projects have not yet suffered as $4.2B in capitol bonds have been issued since Sept. 2009. With $1.5B still unspent. This will cost the state $365M in FY11 & FY12. Increased motor vehicle fees ($300-330M annually) and increased sales tax on candy & soda shampoo ($65M annually) are enough to cover the current bonds sold.

Still up in the air is over $2B for FY12 bonds which the state would like to sell this summer. For future bond funding the state would need the money from the remaining revenue sources.

The increased liquor taxes are being paid into an escrow account ($108M - $160M annually) yet to be seen revenues would come from projected increased lottery sales ($150M annually) and video gaming ($185M - $344M annually).

One upcoming item that could create a sense of urgency is the remaining $2.4B in bonds authorized for mass transit that will be needed in order to get the feds matching funds.

Comment by TTWSYF Thursday, Jul 7, 11 @ 10:45 pm
Steve, I don’t know how the Illinois Supreme Court works, but at the U.S. Supreme Court cases are taken based upon the interest of the judges to explore the questions that are raised with the case and the chance to answer them. This case raises many questions that have plagued the State for decades.

Comment by Not a Newcomer Thursday, Jul 7, 11 @ 11:37 pm
Anyone who thinks they can predict the Supreme Court should be a consultant to the financial sector.

Comment by Yellow Dog Democrat Friday, Jul 8, 11 @ 5:26 am
@YDD = or be a jury consultant.

Comment by waitress practing politics... Friday, Jul 8, 11 @ 7:05 am
If the court overturns this, I suspect it’s more likely Quinn will kill the casino expansion bill. However the court rules will have some bearing on what happens to that legislation.

Comment by Anonymous Friday, Jul 8, 11 @ 8:52 am
If the ILSC upholds the App. Court then SB744 is a worse violation of single subject than the capital bill of 2009.

Comment by TTWSYF Friday, Jul 8, 11 @ 9:09 am
I would wager a bottle of Jameson 12 1 that the capitol bill will be affirmed as constitutional but remanded to the trial court for a hearing on the other claims Wirtz made but were never considered in either the trial court or appellate decisions.

Looking forward to Wirtz v Quinn the sequel in late 2012.

Also wagering a bottle of rare whiskey that a lot of aspiring video poker distributors are finding religion this weekend as they wait for the decision.

Comment by Chicago Bars Friday, Jul 8, 11 @ 10:00 am