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Afternoon roundup

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* Let’s start with a little ol’ oppo dump. Click here for more background. From a June 15, 2017 Law Bulletin article

A state appeals panel today rejected a lawsuit brought by 61 human services providers who have received scant funding during the state’s nearly two-year budget impasse. The 1st District Appellate Court rejected all of the claims brought by the providers, who collectively billed themselves as the Pay Now Illinois coalition. […]

The panel rejected the coalition’s assertions that Rauner has acted beyond his gubernatorial authority by entering into contracts which weren’t funded, and then vetoing the appropriations bills that would have funded them.

“The governor was not obligated to approve any or all portions of appropriations bills by the General Assembly,” Justice Eileen O’Neill Burke wrote in the 35-page opinion on behalf of the three-judge panel. “Indeed, both the governor and the General Assembly are constitutionally constrained to propose or pass budgets and appropriations that do not exceed estimated available funds.”

Click here for the opinion. Do you recognize the justice’s name? Former Justice Eileen Burke is now running for Cook County state’s attorney.

* Press release…

The Illinois State Board of Education (ISBE) today issued the fiscal year 2024 Evidence-Based Funding (EBF) allocations, announcing an unprecedented number of fully funded districts. There are also zero districts under the 60% funding adequacy benchmark for the first time in Illinois history.

FY 2024 marks a historic number of fully funded districts. Only 146 districts were at or above 100% funding adequacy in the first year of EBF in FY 2018; that number has increased by 59% with 232 districts now fully funded in FY 2024. An additional 94 districts have met the 90% funding threshold.

* DeVore kicks it back into gear

Friday’s ruling upholding Illinois’ gun and magazine ban by the Illinois Supreme Court may not be the last word in state-level challenges. […]

Attorney Thomas DeVore said he plans to pursue the three readings rule challenge with his state-level cases consolidated in Effingham County. While temporary restraining orders for thousands of his clients could be dissolved soon, he plans to mount evidence to prove the equal protections argument.

“So what they said is ‘Dan Caulkins, you didn’t bring us any facts to show that you are similar to these exempt categories so for that reason you lose,’” DeVore told The Center Square. “Well, we’re going to build that case in our case if that proceeds.”

Some of the evidence DeVore plans to work at discovering includes the levels of firearms training for those in the exempt class like prison wardens, security guards and those in law enforcement.

“I wanna see the record of every law enforcement officer in the state of Illinois,” DeVore said. “What are they trained on? What guns do they handle, et cetera, et cetera, so we can build that similarity argument that we desperately need in order to win this case in front of the Illinois Supreme Court, to even have a chance to win it.”

Every record? Hilarious. Expect a trial sometime in 2045. At least the pension funds will be fully funded by then. /s

…Adding… As noted in comments, state law now requires DeVore to file his constitutional challenge in either Sangamon or Cook counties. He’ll have to get thru that issue if he stays in Effingham.

* Interesting…


We are back in the Tim Mapes trial, where Judge Kness has just announced he WILL allow the defense to call prosecutor Amarjeet Bhachu, who ran the grand jury interview of Mapes in March 2021.

— Jason Meisner (@jmetr22b) August 14, 2023

From Mapes’ unsuccessful 2022 motion to dismiss

These questions have the same hallmarks of fundamental ambiguity as the episodes above. They are ambiguous in their use of the terms “tasks,” “work,” and “assignments.” They are compound.

And, as demonstrated by the sequence of questions and answers both before and after those questions (none of which the grand jury found perjurious), Mr. Mapes’ answers are literally true. For instance, before the allegedly perjurious answer to the question in episode 3, Mr. Mapes testified that he did not “recall anything at the moment” but “something could come up as subject matter if you bring it and it pops my memory.” In his testimony, Mr. Mapes also gave high-level examples of Mr. McClain passing “along pieces of information” in the 2017 and 2018 time frame and before, and Mr. McClain providing his “perspective” to Mr. Madigan on various matters.

The prosecutor did not follow up on any of these matters—nor did the prosecutor attempt to refresh Mr. Mapes’ recollection on any specific subject matters that could “pop[]” Mr. Mapes’ memory.

Kinda wondering if that’ll come up tomorrow.

* Nick Sauer resigned in disgrace from the House way back in 2018…

* Several people have pointed me to HB4120 today

Creates the Whipped Cream Charger Sales Restriction Act. Provides that no person, corporation, partnership, limited liability company, firm, or any other business entity doing business in the State shall sell or offer for sale a whipped cream charger to any person under the age of 21.

Penalty is a civil penalty of not more than $250 for an initial offense and not more than $500 for the second and each subsequent offense.

Whippets were a thing back in the early 90s. Didn’t know they still were.

* Isabel’s roundup…

posted by Rich Miller
Monday, Aug 14, 23 @ 2:39 pm

Comments

  1. Special Agent O’Leary’s remarks about Michael Madigan compared to the head of a mafia family…what?

    When has anyone seen Michael Madigan wear a silk shirt, a gold chain and a pinky ring on his finger? Let’s not forget a Dunhill lighter.

    Comment by Rudy’s teeth Monday, Aug 14, 23 @ 3:02 pm

  2. –DeVore kicks it back into gear–

    Sure. Reverse is a gear.

    “plans to pursue the three readings rule challenge with his state-level cases consolidated in Effingham County.”

    He’s going to pursue a state-level constitutional challenge - In which county again?

    Comment by TheInvisibleMan Monday, Aug 14, 23 @ 3:09 pm

  3. ===In which county again? ===

    Good point.

    Comment by Rich Miller Monday, Aug 14, 23 @ 3:13 pm

  4. Way back when, I remember Rich did a “cation contest” on a former GA member who did this “glamor shot” photo of a cover of some mag…

    Things changed. Whew.

    Comment by Oswego Willy Monday, Aug 14, 23 @ 3:19 pm

  5. Whippets? Good lord, are people still doing that? I get a headache just thinking about it.

    For the uninitiated, the effect was similar to hanging upside down while holding your breath until you almost pass out. Brief head rush followed by a long headache. I remember being at concerts and you’d see a couple of guys with a large industrial sized gas cannister selling balloons to the rubes.

    Comment by 47th Ward Monday, Aug 14, 23 @ 3:20 pm

  6. “cation contest”

    Well, since there’s a law preventing Iron from ever winning, and Aluminum is on a centuries long steak of winning, maybe it seemed pointless to keep having a contest?

    *wait, what? Oh…. CAPTION contest you say?

    Comment by TheInvisibleMan Monday, Aug 14, 23 @ 3:27 pm

  7. Wonder why Bishop didn’t ask him which county he’s hearing back up in?

    Comment by Club J Monday, Aug 14, 23 @ 3:27 pm

  8. ===Don Madigan? Ex-FBI agent likens former House speaker to mafia boss in perjury trial of former Madigan aide===

    The “Michaels” (Corleone, Madigan) and the comparisons, I’m guilty far too often of it, were not the embracing of the way, but acknowledging the way it was.

    It’s like missing the point that Sonny was a psychopath, but then not realizing Michael was one too, just far different in “managing” the mania.

    I’ve gone back, very purposely, to reading “American Pharaoh” because the more of a wonky understanding to how “J” Daley set up his organization, I can realize all the wrong MJM had in 21st century politics this setup was.

    Comment by Oswego Willy Monday, Aug 14, 23 @ 3:29 pm

  9. I’d like some “steak of winning”

    How is that served? I hope rare.

    Typing, amirite?

    :)

    It was well played

    Comment by Oswego Willy Monday, Aug 14, 23 @ 3:31 pm

  10. It is served ironically, apparently.

    Comment by TheInvisibleMan Monday, Aug 14, 23 @ 3:36 pm

  11. So the AG gets to file a motion to have the case moved, and the judge can decide that the law fails and he can here it, or it doesn’t apply retroactively, goes to a court of appeals in downstate with an argument about separation of powers ect and how they are trying to shut out downstate voices in the courts, and Devore is in front of the IL Supremes. You also have Thomas Magg suing in Madison county on the FOID/gun issue and just daring the AG to try and file that motion.

    So its gonna be a hoot all the while downstate feels alienated from the powers that be, and the rift widens.

    Comment by Todd Monday, Aug 14, 23 @ 3:41 pm

  12. ===are people still doing that?===

    Now that I think of it, during the Dead reunion weekend in Chicago I saw guys with nitrous tanks selling balloons *on Michigan Avenue*

    The cops turned a blind eye to a whole lot that weekend.

    Comment by Rich Miller Monday, Aug 14, 23 @ 3:46 pm

  13. =An additional 94 districts have met the 90% funding threshold.=

    This does not mean what they want you to think it means. We are now suddenly up a tier even though we are a relatively poor farm community. But Peoria and Rockford get huge increases. I guess that is how “equity” works.

    =So its gonna be a hoot all the while downstate feels alienated from the powers that be, and the rift widens.=

    Maybe learn how democracy works and join the rest of us in the 21st century.

    Comment by JS Mill Monday, Aug 14, 23 @ 3:49 pm

  14. Getting legal relief in courts designated by statute under a certain guise is still not denying legal recourse.

    I do think it’ll be interesting the hand wringing

    Comment by Oswego Willy Monday, Aug 14, 23 @ 3:54 pm

  15. That race for Cook County State’s Attorney is going to be a barnburner. Not sure what the Cook County Dems will do tomorrow in terms of slating, but I think Burke will be tough to beat regardless of whether she gets the Party’s support.

    Comment by Hannibal Lecter Monday, Aug 14, 23 @ 4:03 pm

  16. so that case brought by the human services agencies was argued against by the Illinois AG on behalf of the gov and the decision was 3-0 in favor of them? and one of the three in favor with Justice Burke was the friend of the left including Cong. Schakowsky… Justice Howse? is that correct?

    Comment by Amalia Monday, Aug 14, 23 @ 4:12 pm

  17. - The cops turned a blind eye to a whole lot that weekend. -

    Same thing was going on at Wrigley for Dead and Co. this summer. As best I can tell it’s not illegal because there is no attempt to hide if.

    Comment by Excitable Boy Monday, Aug 14, 23 @ 4:14 pm

  18. Even friends of the left are supposed to follow the constitution

    The three Judge panel affirmed the fact that the legislature must pass a balanced budget before the Governor can sign it

    Comment by Lucky Pierre Monday, Aug 14, 23 @ 4:16 pm

  19. ===The three Judge panel affirmed the fact that the legislature must pass a balanced budget before the Governor can sign it===

    … and yet, almost daily, you complain about unbalanced budgets, yet by your own words… those budgets’ legality haven’t been questioned.

    So, stop your “unbalanced budget” gibberish, as those budgets are deemed balanced.

    Another of your schtick you proved, all by yourself, that you are wrong(?)

    Comment by Oswego Willy Monday, Aug 14, 23 @ 4:29 pm

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