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Slip and Fall Supreme Opinions: What Just Happened?
The Chicago Daily Observer ^ | January 28, 2011 | Daniel J. Kelley

Posted on 01/28/2011 10:13:58 AM PST by PBRCat

In a unanimous decision, which revealed divisions within the Supreme Court, released yesterday, the court ruled that Rahm Emanuel was eligible to run for mayor and that he was a resident of Chicago for one year next preceding the election. The Court held that the candidate’s intent to return after being absent from the city for twenty months and having leased his residence to tenants for approximately two years, through and including June 30, 2011, trumped the fact that he had no permanent abode in the city during the relevant time frame for determining candidate eligibility.

The majority opinion written by Justice Thomas asserted that the appellate court had erred and insisted that the residency laws of Illinois have been crystal clear for over 150 years and that the lower court’s decision had tossed out what had been settled law. The decision faulted the appellate majority for relying upon appellate case precedents which predated 1935, which are no longer necessarily considered to be binding authority in this state, while premising its own ruling upon an earlier supreme court precedent that dated back to 1867. Apparently, the higher court is infallible while the opinions of the intermediate courts of appeal cannot always be relied upon.

The appellate court demonstrated some linear reasoning and attempted to settle the question by applying accepted standards of statutory construction in interpreting the Election and Municipal Codes. The result of their decision was harsh, but it had a certain logic. The most significant weakness of the appellate decision was that it did not announce a bright line standard which would inform future candidates as to what would constitute acceptable compliance with the one year residency rule. On appeal to the supreme court, the Emanuel attorneys seized upon this omission and beat on it like a drum.

(Excerpt) Read more at cdobs.com ...


TOPICS: Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: chicago; election; emanuel; mayoralty
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Turning the laws upside down. Outcome based litigation.
1 posted on 01/28/2011 10:14:03 AM PST by PBRCat
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To: PBRCat
Don't confuse the state supreme court judges of Illinois with law upholder Constitution followers in black robes. These guys are elected and are a part of the Chicago political machine. There's a lot of conflict of interest on the court with Rahm. The chief justice had been Rahm's lawyer once upon a time and there are some other conflicts regarding previous Rahm opponents being involved with other members of the court back when they were mere attorney's.

Rahm will be elected mayor in February and by June he will be calling up his old boss Barack and asking for a bailout.

2 posted on 01/28/2011 10:24:04 AM PST by Harley (Life is Tough, But It's a Lot Tougher When You're a Liberal. Stop Global Whining Now.)
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To: Harley

They have set a standard. What are they going to do when the next case comes up that sites this ruling?


3 posted on 01/28/2011 10:28:32 AM PST by sharpee
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To: PBRCat
gee, a democrat sliding by the law that would apply to the common folk. I'm shocked...

what a joke this whole scheme is. Tax laws, property laws and even criminal law don't apply to the apparatchik only to us commoners.

Just think what would happen if you got drunk/stoned and were in an accident in DC. How about protesting the placement of windmills? Care to pull a weapon in Washington DC like a Washington Post writer did at his home.... don't try it. and on and on and on.

There are so many laws and "rules" and "regulations" pertaining to taxes, properties and personal behavior that now we are at the mercy of the bureaucrats and the courts.

f'#@k 'em. They don't want ANY personal sacrifice to save for yourself, because the harder you work the more taxes you pay and whatever you wanted to purchase is just out of reach. The thing that nobody says is the TIME you spend away from family in order to make up for the higher taxes. The parasite class gets to sit on their asses, watch the tube and get high/drunk while the rest of us pay for their medical care and deny our family any of our hard earned money and time.

This is my frustration with the flouting of laws and protocols. If you're not cheating, you're not trying.... I guess. I am making the minimum and stopping. Paying what bills I have and then I'm OTC. If any FReepers want to spread the word, just don't buy anything that is non essential for the next 11 months. NOTHING. I'm advocating for everybody to just go Galt.

4 posted on 01/28/2011 10:30:34 AM PST by Dick Vomer (democrats are like flies, whatever they don't eat, they sh#t on.)
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To: Harley
Remains to be seen if Rahm even has a chance. Jews generally do not do well in the mayor's race ~ blacks do.

End of story.

5 posted on 01/28/2011 10:32:32 AM PST by muawiyah
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To: Dick Vomer
For a number of reasons I do not think any of the anti-Rahm posts have been from real Freepers with Conservative convictions.

Even I don't wish to see the City of Chicago fall to the ground and vanish ~ at least not yet ~ but that's what is going to happen if any of the quite numerous totally incompetent idiots running in their Democrat primary end up with the nomination.

Rahm, for all his evilness, is probably about as sharp a blade as Chicago has ever had involved in local politics.

There's nothing wrong in this country having smart guys run City Hall. There's a lot wrong having another Kwame Kirkpatrick anywhere near the place. Or, a Jack Johnson, a former Prince George's County Executive who was dragged off to the lockup for corruption. His wife is under scrutiny too ~ she's on the County Board (PG County is possibly the largest and richest black community in America, so this is series, and hugh).

Frankly, absent Rahm there's no chance at all for Chicago to ever get beyond a remarkably high level of graft and corruption.

6 posted on 01/28/2011 10:39:53 AM PST by muawiyah
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To: Dick Vomer
Time certainly is an issue. I've been away from my family for all but 5 of the last 20 months. My favorite dog died. Our new puppy is 27 months old. I've been gone most of his life. My wife's health is failing. We need the income I generate to give her the medical care she needs. It's not a good time. Going to another funeral tomorrow for a high school classmate who died last week.
7 posted on 01/28/2011 10:44:23 AM PST by Myrddin
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To: PBRCat

the State of Illinois is nothing more than Goodfellas or The Sopranos, with taxing authority


8 posted on 01/28/2011 10:51:04 AM PST by Buckeye McFrog
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To: sharpee
They have set a standard. What are they going to do when the next case comes up that sites this ruling?

If it's someone they are told that the demonRAT machine wants, they will cite this decision, if not, they will ignore it and set yet another new precedent, no logic, no problem.

It's always different if you're a demonRAT.

9 posted on 01/28/2011 11:10:21 AM PST by USS Alaska (Nuke the terrorist savages, in honor of Standing Wolf.)
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To: muawiyah
Frankly, absent Rahm there's no chance at all for Chicago to ever get beyond a remarkably high level of graft and corruption.

rahm IS a remarkably high level of graft and corruption. Thes best thing that could happen to chicago is to become the next Detroit. the businesses can relocate to more republican venues. The welfare class can be left behind

10 posted on 01/28/2011 11:11:08 AM PST by John O (God Save America (Please))
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To: PBRCat
The Court held that the candidate’s intent to return after being absent from the city for twenty months and having leased his residence to tenants for approximately two years, through and including June 30, 2011, trumped the fact that he had no permanent abode in the city during the relevant time frame for determining candidate eligibility.

So, being an absentee Landlord with no other place to stay, makes you a resident of the city. Owning property is equal to being a resident. ...never knew that.

11 posted on 01/28/2011 11:20:34 AM PST by olezip
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To: PBRCat
As one Freeper recently stated it so succinctly...

The had to reinstate him on the ballot because the votes have already been counted.

12 posted on 01/28/2011 11:32:31 AM PST by sjmjax (Politicans are like bananas - they start out green, turn yellow, then rot.)
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To: muawiyah
Frankly, absent Rahm there's no chance at all for Chicago to ever get beyond a remarkably high level of graft and corruption.

puhleeze. I think that Rahm is an angry little gay man that would love nothing more than to squeeze every nickel he could out of his enemies and has nobody but his own self interests in mind. He's not going to "save" Chicago. Nothing is. Chicago has to decide when is it going to be enough. When is the cynicism that the "whatever it takes" mentality going to be left for the patriotic and selfless service to country and family. Never. It's a mindset. It's a way of life. I've discouraged all 4 of my kids from that type of liberal mindset that "the government" can solve problems and have tried to instill the fact that if you want to be a slave, take money from the government.

If you want to be chained to a bureaucrat, feeding the parasites and basically selling your soul...take something from the government or expect the government to solve a problem. The government is has basically become a crony organization to steal money from the producers and give it to the useless class that suck off the government nipple and the bureaucrats that milk the money out of us.

My son will not join his 5 uncles, grandfather and father into the armed forces. Only if we check the weather channel and Hell freezes over. Neither will any of my daughters.

If I could have one wish, it would be for the US to kick Texas out of the Union and run the rest of the USA plantation any way it sees fit.

13 posted on 01/28/2011 11:57:55 AM PST by Dick Vomer (democrats are like flies, whatever they don't eat, they sh#t on.)
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To: Dick Vomer

You have to take 20 million Mexicans with you.


14 posted on 01/28/2011 12:21:26 PM PST by muawiyah
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To: olezip
That's the rule in Illinois, and the state Supreme Court proved that to be true for a very long period of time.

I suppose this case could go to federal court ~

15 posted on 01/28/2011 12:23:03 PM PST by muawiyah
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To: John O
You have no idea about how large Chicago is ~ it's HUGE. Nobody wants those punks moving in on them anywhere.

Best bet is make them happy enough to stay in place.

16 posted on 01/28/2011 12:24:27 PM PST by muawiyah
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To: Harley

Rumor mill has it that Obama’s strategy for 2012 is to run up the count in “the urban areas” because the 2010 numbers show him DOA with rural and suburban voters. Emanuel will be his man on the ground in Chi Town.

Interestingly, one of the supreme court justices coincidentally appointed the wife of one of Emanuel’s lawyers to a vacant judgeship within the last month. Hmmm.


17 posted on 01/28/2011 12:43:53 PM PST by PBRCat
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To: muawiyah

You have got to be kidding. You are kidding, right? A post against Rahm can’t be coming from someone with true conservative convictions? I am so confused by that statement that I really want to know what you think the word “conservative” means. Rahm is an A-Team autocrat liberal insider whose greatest gift appears to be the ability to terrify good people into giving him whatever he wants. No one who opposes the extreme anti-free market, anti-life, anti-American policies of the Obama administration can want to see this guy running Chicago. That’s just nuts.

If your definition of “conservative” is confined to pragmatic skill in “getting things done,” without regard to what those “things” are, then I can somewhat see why you’d like Rahm as ChiMayor, although an argument can be made that a lot of very bad people have great “efficiency” skills.

If, however, your definition of “conservative” entails the principled preservation of the fundamental rights to life, liberty, and property through a government of just laws accountable to the people (as opposed to an insular, corrupt club of moneyed, connected elites), then there is no way you, as a conservative, can want to put that fox in charge of our henhouse. No way.

So please, tell me you’re kidding…..


18 posted on 01/28/2011 12:45:56 PM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Springfield Reformer
Obviously you haven't looked over the crew Rahm is among in the primary.

That's the election that counts.

Whoever wins that wins in the General election.

If you think it's a good idea for 7 million refugees with a high probability of having criminal records spilling out over Northern Indiana, Southern Wisconsin and elsewhere in Illinois, go ahead and root for your girl there ~ the guaranteed nastiest most corrupt female former Senator in the United States.

If Rahm doesn't win it you'll see Chicago riots that make Cairo today look like a small trash fire on a back lot somewhere.

Mitch Daniels will not have all that good a chance of running for President on his record as the most fiscally prudent man in America if he has to send the National Guard and the state police over to the state line to fire on civilian rebels.

19 posted on 01/28/2011 12:56:17 PM PST by muawiyah
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To: Springfield Reformer
In short, in a choice between Hosnimubarak and stability, or the Moslem Brotherhood and a closed Suez Canal we chose stability and got it cheap at $1 billion per annum.

Here, think of Rahm as a shot at stability and the others as just more Detroit riots.

20 posted on 01/28/2011 1:00:39 PM PST by muawiyah
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