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Guv’s lawsuit delayed until February

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* The governor’s lawsuit against Speaker Madigan won’t move forward until February

It will be at least February before an initial ruling is made in a lawsuit filed by Gov. Rod Blagojevich against House Speaker Michael Madigan over the governor’s power to set the date and time of special sessions. Sangamon County Circuit Judge Leo Zappa Monday set a new schedule for the case. Under that timetable, the next hearing won’t be held until Feb. 1, when attorneys will argue over Madigan’s motion to dismiss the suit.

Even when a ruling is made, it won’t conclude the case, Zappa acknowledged. […]

Madigan’s lawyers responded with a 58-page motion outlining why the lawsuit should be dismissed. They said Blagojevich had misused his authority, calling special sessions at inconvenient times “for the apparent purpose of doing nothing more than punishing lawmakers who refused to pass his preferred legislation.” […]

Zappa told Blagojevich’s lawyers to file a written response to Madigan’s motion. He said he will consider that and Madigan’s response during the Feb 1 hearing.

In other words, the judge essentially dismissed the governor’s motion to dismiss Madigan’s motion to dismiss. Got all that?

* In other session news…

* Hynes: Legislature just got what it wished for… “In essence the General Assembly has given the governor a blank check for health care spending.”

* State tempted again by casino cash

* Editorial: Time to match federal funding running out

* Officials watching gaming expansion and smoking ban

Discuss.

posted by Rich Miller
Tuesday, Dec 18, 07 @ 10:00 am

Comments

  1. Given this administration’s rather casual attitude towards moving state dollars around in the budget, one would think they could somehow, some way, come up with some money to use for pulling out some federal matching funds. Even if the gambling dollars don’t start to pour on politicians’ heads for a few months or more.

    As to Dan Hynes…looks like he’s declaring for the 2010 primary already.

    Comment by Cassandra Tuesday, Dec 18, 07 @ 10:09 am

  2. So it other words, the Blaggodiots LOST in court yesterday after delaying the case for about two months. Sweet.
    BTW congrats to the SpinSisters for “winning” the Spokesperson of the Year award. Hopefully they will invite ex”SpinSister $” to the lavish awards ceremony CaptFax is planning. She made a contribution to snagging the honor.

    Comment by DumberThanYouThink Tuesday, Dec 18, 07 @ 10:22 am

  3. ===Zappa told Blagojevich’s lawyers to file a written response to Madigan’s motion.===

    Ouch!

    So Hynes blames the general assembly for doing nothing to close a loophole about defering payments. But the problem here is not the governor deferring payments on bills, the problem is the expansion of eligibility for benefits by de facto rule making. This is already prohibited by Illinois Law. So the Governors actions are illegal, and all Hynes has to say is he thinks we needs more laws to make it additionalyt illegal??? it seems the real issue is enforcing the current laws, and Hynes remains woefully silent on this cirtical reality, deflecting to a meaningless gesture of passing yet another Bill instead of taking real action.

    Comment by Ghost Tuesday, Dec 18, 07 @ 10:25 am

  4. The judge dismissed the governor’s motion to dismiss the speaker’s motion to dismiss. How often do we get all three branches of government interacting in one sentence? Especially when they’re aLL doing pretty much the same thing?

    Comment by been there Tuesday, Dec 18, 07 @ 3:37 pm

  5. I don’t begin to understand the legalities of all of this but was Judge Zappa inferring that Blago had not even filed a Response to Defendant’s Motion to Dismiss?

    Comment by Little Egypt Tuesday, Dec 18, 07 @ 4:26 pm

  6. Zappa was overheard in his chambers saying he was going to throw out the guv and then probably the stupid egotrip lawsuit. Balgs to be Zappaed!

    Comment by A Citizen Tuesday, Dec 18, 07 @ 7:20 pm

  7. Geez Dumber,
    The Governor’s spokespeople winning that award really seems to bother you! You even forgot to mention the Rose Bowl for the 60th time. Are we all going to be subjected to another month of one note tunes from you? Maybe you need to sharpen up your skills if you want to make it to the major leagues.

    Comment by Bill Wednesday, Dec 19, 07 @ 6:33 am

  8. a typical hynes responce. he didnt really say anything.

    Comment by Oak Parker Monday, Jan 7, 08 @ 9:20 am

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