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* Today…
Here’s The Deal: Lawyers and judges elevated to the Illinois Supreme Court by the Judicial Nominating Committee of the Cook County Democratic Party are allowed to be the best jurists they can be on 90% to 95% of the cases before them. But, on any cases affecting the party, such as redistricting reform, they must commit themselves to protect the party.
That’s The Deal: A good, prestigious job, with a great pension, all in return for turning a blind eye to Lady Justice on those infrequent political cases that affect the party and its interests, such as pensions, term limits and gerrymandering. Most wannabe jurists consider it worth the trade. They wouldn’t be offered the judgeship if they didn’t.
The Deal is never spoken, of course, in the best tradition of indicted ex-House Speaker Mike Madigan, a state lawmaker for more than half a century and chairman of the Democratic Party of Illinois for years. Winks and nods speak volumes. […]
The Deal was in obvious play in 2016, when the four Democrats on the seven-member Illinois Supreme Court blocked a constitutional amendment petition drive signed by 600,000 Illinois voters. Petitioners sought to put on the ballot a proposal that legislative redistricting be conducted by an independent commission. Surveys showed 80% of voters supported independent mapping.
But no. In a blatantly partisan opinion, Justice Tom Kilbride wrote that the amendment was unconstitutional, preventing voters from having their say. His ludicrous reasoning: The proposal gave some responsibilities to the Illinois auditor general, a constitutional officer of the legislature, and the auditor lacked the staff to carry out such responsibilities. This, as if modest staffing issues supersede the state constitution, rather than the other way around.
Insiders tell me one of the two female justices on the court, Chief Justice Anne Burke (wife of, guess who? see above) or Mary Jane Theis, had doubts about the opinion, but ultimately caved to The Deal. Both came up through the system of The Deal.
Nor did opinion author Kilbride recuse himself from hearing the case, even though it was argued before him by Mike Kasper, treasurer of the Democratic Party of Illinois, and Madigan’s elections lawyer. And even though the party had just a few years earlier contributed more than $1.5 million to his successful retention bid. Only in Illinois.
So now, Illinois has among the most preposterously contorted legislative districts in the nation, a disservice to democracy, and to all 8 million Illinois registered voters.
This November we can expunge The Deal by electing justices who have no ties to the Burke-Madigan axis of the Democratic Party of Illinois.
• Jim Nowlan is a former state legislator and aide to three unindicted Illinois governors. A retired professor of American politics, he writes a newspaper column on Understanding Illinois.
* OK, now let’s back up to April 16 when Illinois’ wealthiest resident Ken Griffin contributed $6.25 million to a political action committee called Citizens for Judicial Fairness, the same committee which funded most of the campaign to oust Justice Kilbride and will play a big role in this year’s Supreme Court races. The committee’s chairman? Why it’s Jim Nowlan.
posted by Rich Miller
Monday, Apr 25, 22 @ 1:36 pm
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Irony is a dish best served with cold hypocrisy.
Comment by Baloneymous Monday, Apr 25, 22 @ 1:44 pm
Ed Burke’s indictment has dealt a heavy blow to the judicial credibility of chief justice Anne Burke.
Comment by Lake Villa Township Monday, Apr 25, 22 @ 1:46 pm
Why are media outlets running op-eds from a dark money mouthpiece? He’s not some wishful thinking kindly old professor emeritus. He’s a money grubbing media mouth for hire whose one key skill is being able to do dark money bidding under the guise of being a kindly old professor emeritus that the clueless media types just lap up because they need content and don’t ask questions. Sheesh.
Comment by Nefarious veneer Monday, Apr 25, 22 @ 1:50 pm
=== Ed Burke’s indictment has dealt a heavy blow to the judicial credibility of chief justice Anne Burke.===
While possibly true, credible or not, still a justice.
To the post,
Jim Nowlan Is truly a self-serving phony, and what’s most delicious is the lack of foresight to a remapping that’s made any “win” embarrassingly pathetic and hilariously comical.
Griffin coulda put those millions in the fireplace and burned them for all the good it did
I’m still laughing, chuckling to myself, thinking back to the warnings on this very blog by some thought this win was truly nothing if there was a remapping.
So, Jim Nowlan, you owned yourself.
Congratulations
Comment by Oswego Willy Monday, Apr 25, 22 @ 1:51 pm
Nowlan is certainly entitled to his opinions, but his take on “the way things are” is almost always off the mark. It’s like he’s the downstate John Kass, regurgitating out-dated political cliches.
“Insiders tell me….” Yeah, sure they do.
Comment by Roman Monday, Apr 25, 22 @ 1:53 pm
=== The committee’s chairman? Why it’s Jim Nowlan. ===
Nowlan is the wolf in reformer’s clothing. When he talks about justice remember where the money is coming from.
Comment by Norseman Monday, Apr 25, 22 @ 1:56 pm
Biggest Difference?
Jim Nowlan ISN’T an Illinois Supreme Court Justice voting on issues from a purely political perspective.
Comment by Soapbox Derby Monday, Apr 25, 22 @ 1:58 pm
=== Biggest Difference?
Jim Nowlan…===
… is a phony, grifting off the idea of reform while seeing no difference in honesty… as long as the check clears.
Comment by Oswego Willy Monday, Apr 25, 22 @ 1:59 pm
I thought I was reading a John Kass column until I got to the bottom.
Comment by SAP Monday, Apr 25, 22 @ 2:05 pm
I’ve been down this road enough times now to know how this works…
This is a description of how Jim Nowlan would behave if he was on the Supreme Court.
Comment by TheInvisibleMan Monday, Apr 25, 22 @ 2:09 pm
Nowlan is a solid writer and his textbook-style published works on state government are informative reads. Yet, he should realllly stay out of partisan-ish politics. It kind of muddles his whole brand.
Comment by Lakefront Monday, Apr 25, 22 @ 2:18 pm
I no longer have any respect for Jim Nowlan. If he has any proof regarding his suppositions, the US Attorney’s office will welcome speaking to him. If not, he’s just a grade A hypocrite.
Comment by Retired SURS Employee Monday, Apr 25, 22 @ 2:24 pm
Nowlan’s poorly disguised partisanship aside, he’s right that the court decision against independent redistricting was wrong. Illinois would be much better off if the referendum had been passed.
Comment by Friendly Bob Adams Monday, Apr 25, 22 @ 2:25 pm
About ten years ago I asked Nowlan for some help and advise. I found him to be thoughtful, knowledgeable, and reasonable. But, since the Kilbride retention campaign and all that’s followed I don’t recognize him anymore. Sad.
Comment by G'Kar Monday, Apr 25, 22 @ 2:26 pm
== clueless media types just lap up ==
Shaw brand newspapers know exactly what they are doing.
Comment by TheInvisibleMan Monday, Apr 25, 22 @ 3:00 pm
=Ed Burke’s indictment has dealt a heavy blow to the judicial credibility of chief justice Anne Burke.=
How so? Have her opinions been getting greater scrutiny? Details and sources please.
Comment by Steve Rogers Monday, Apr 25, 22 @ 3:02 pm
= Yet, he should really stay out of partisan-ish politics. It kind of muddles his whole brand.=
IN true right wing style- accuse the opposition (not sure what that is besides truth and fairness)of that which you are guilty of and or weakest.
Hypocrite
Comment by JS Mill Monday, Apr 25, 22 @ 3:24 pm
Nowlan’s desire to continue the politicization of the judiciary is sad. Even more sad is that some in the media are blind to it.
Comment by New Englander Monday, Apr 25, 22 @ 4:18 pm
That’s been “the deal” for cook county judges, like forever. Not sure it stays that way for 10 year supreme court judges though.
Comment by park Monday, Apr 25, 22 @ 4:27 pm
When there are fair maps throughout the country, Illinois should adopt something like this. Otherwise, why purposefully cut off one of your legs before going into a butt-kicking contest?
And the last time I heard, Citizens United said that money is speech and therefore Constitutionally-protected. I guess some folks only like the Constitution when it fits their agenda.
Comment by Travel Guy Monday, Apr 25, 22 @ 4:33 pm
Point of Information:
The Supreme Court ruling criticized in the op-ed focused on the Court’s interpretation of Section 3, Constitutional Revision for Legislative Article, of Article XIV, Constitutional Revision.
As the secton title indicates, citizens’ initiatives are limited to the Legislative Article, specifically, “Amendments shall be limited to structural and procedural subjects contained in Article IV.”
The proposed initiative would have assigned specific duties to the Auditor General, an office created in Section 3, State Audit and Auditor General, of Article 8, Finance.
The court held that assigning new duties to an officer created in a separate constitutional article violated the requirement that initiatives be limited to structural and procedural subjects in the Legislative Article. Hooker v. Illinois State Board of Elections, 2016 IL 121077, 63 N.3d 824 (2016)
Respectfully,
Charlie Wheeler
Comment by Charlie Wheeler Monday, Apr 25, 22 @ 4:58 pm
Perhaps Lake Villa Township ought to do a little research on Anne Burke or the underlying issue. But in the end, your professor will tell ya to listen to Mr. Wheeler.
Comment by Springfieldish Monday, Apr 25, 22 @ 10:33 pm