Supreme Court: Emanuel on Chicago mayor ballot

[jefferson_dem]

Source: Chicago Tribune

The Illinois Supreme Court ruled today that Rahm Emanuel can stay on the ballot for mayor of Chicago.

The decision comes without a moment to spare; early voting for the Feb. 22 city election begins Monday, Jan. 31.

You can read the opinion by clicking here.

A cheer went up at Emanuel's headquarters when the news came out. The candidate was preparing to leave for tonight's debate with the three other leading contenders. But first he stopped at the Clark and Lake "el" stop to greet voters.

The high court's decision reverses a 2-1 Illinois Appeals Court decision Monday that ruled Emanuel ineligible on the grounds he did not meet the requirement of being a Chicago resident for a year before the election. Emanuel returned to Chicago last fall to run for mayor after serving as White House chief of staff to President Barack Obama.

The Chicago election board and a Cook County Circuit judge had earlier both ruled Emanuel met the residency requirements. The Supreme Court said the appellate court was in error in overruling them.

"So there will be no mistake, let us be entirely clear," the Supreme Court wrote in its ruling today. "This court’s decision is based on the following and only on the following: (1) what it means to be a resident for election purposes was clearly established long ago, and Illinois law has been consistent on the matter since at least the 19th Century; (2) the novel standard adopted by the appellate court majority is without any foundation in Illinois law; (3) the Board’s factual findings were not against the manifest weight of the evidence; and (4) the Board’s decision was not clearly erroneous."

Read more: http://newsblogs.chicagotribune.com/clout_st/2011/01/supreme-court-decision-in-emanuel-mayor-case-coming-today.html

[lamp_shade]

1. Great news.

[bluestateguy]

2. !

[OneTenthofOnePercent]

3. Wouldn't want to prevent Chicagoans from going dumpster-diving.

I wonder if they'll try to elect the next D.C. flunk out, too...

[frazzled]

8. Ignorant and insulting statement

If you know nothing of Chicago politics, you'd best stay out of the conversation.

The real skullduggery here was the political collusion that led to an appalling appeals court decision to disenfranchise voters in this city. While I was considering voting for one of the other candidates, I now am not.

[No Elephants]

36. The scholarship and reasoning of the appeals court was impeccable.

So is the reputation of the judge who wrote it, as to both his brilliance and his honesty.

The Supreme Court, however, amended Chicago's Municipal Code from the bench, which a court should never do.

So, which decision shows political collusion?

[jefferson_dem]

10. Vile comment.

:thumbsdown:

[Brother Buzz]

4. This time for sure

[Broderick]

5. What an up and down story

in out in out. Starting to like the tenacity....

[Scurrilous]

6. K & R

:thumbsup:

[Name removed]

7. Deleted message

Message removed by moderator. Click here to review the message board rules.

[jefferson_dem]

9. Thanks.

The Trib has fixed it now and I've pasted that into the OP.

[Name removed]

11. Deleted message

Message removed by moderator. Click here to review the message board rules.

[lamp_shade]

12. 7-0. This is great news.

[howaboutme]

15. Great news for whom?

The residents of Chicago or Rahm?

One more indication that application of laws are all about cronyism and connections for the privileged few and not about the rule of law. Rahm is apparently above the rule of law. He did not reside in Chicago for one year. We see equal application of the law in the USA but only for those with the right connections.

[Tx4obama]

19. Rahm did not lose residency in Illinois while serving the pres in DC

Even the Illinois law/code states that a person does not lose residency while serving the president/government.

There is even case law that set precedent regarding an ambassador that served overseas before Rahms' case even became an issue.

[DissedByBush]

30. For purposes of voting

The part about holding elected office only has an exception for military service.

Illinois law is what the corrupt Chicago machine says it is. It's quite simple.

A regular little guy would have been kicked off the ballot.

[howaboutme]

34. I concur completely

It is sad that Americans once again are the victims of a corrupt government. This is ongoing corruption of special deals between cronies of special connected people, that average Americans will never ever receive. It exactly like the bailouts of Wall St versus the many average Americans tossed out of their homes.

Where is the media covering and investigating this instead of merely reporting it? They are passively involved just like with the bail outs instead of serving to create public outrage that demands justice.

[No Elephants]

35. Agree,

[reggie the dog]

21. great for teachers, city workers, etc

who can now meet the city's provision of being a resident by buying and renting out a tiny studio in the city and living out in the suburbs....

[Tx4obama]

25. Wrong.

The Illinois code that was used in Rahm's case refers to people living out of state/country while SERVING THE GOVERNMENT.
It does not cover people that are not working at the will of the president/government.

[former9thward]

31. It does not say "out of state/country"

Are you saying teachers and other city workers are not working for the government? LOL You are saying only working for President Obama is the government? LOL

[No Elephants]

39. See Reply 38.

[No Elephants]

38. No. The Appeals Court had agreed Rahm was a resident under the Ilinois Code.

The Appeals Court had agreed Rahm had been on the business of the U.S. (Statute does not say "SERVING THE GOVERNMENT.')

Therefore, the Appeals Court found Rahm an Illinois resident, eligible to be an Illinois elector and eligible to vote in Illinois. (The Appeals Court ignored the Romney-like monkey business of amending his state tax returns because it bowed to the Board of Elections on that matter.)

The Appeals Court, however, had nixed Rahm's candicacy under Chicago's Municipal Code, which required candidates to live in Chicago for a year before running unless they had been in militaryservice.

[reggie the dog]

56. you could argue that by teaching you are serving the govt

plus my comment was pure sarcasm. i am from chicago but live in france and i dont think i should be able to run for mayor

[frazzled]

33. The cronyism and corruption was on the side of those trying to kick him off

If you lived here and were following the stories about Alderman Ed Burke and the two judges who reversed the decision in appeals court, you'd be screaming about how twisted and corrupt these guys were: it was like the Supremes with Bush v. Gore in 2000. The "connections" were not with Rahm but with names you don't even know.

Sorry, but the consensus of all the newspapers here was that the appellate court decision to kick him off was not only a total abrogation of justice but a disenfranchisement of voters and an overturning of 122 years of precedent with this law. The funny thing is: this whole attempt by his opponents to kick him off is actually garnering him MORE support than he otherwise would have had.

The Supreme Court had no choice but to uphold the law. And the people here are glad. It's the people who should speak.

[No Elephants]

40. READ the appellate court opinion. There was NO precedent on point as to

the relevant provision of the Chicago Municipal Code, let alone 122 years of it.

[frazzled]

57. I have read it and posted it: "without any foundation in Illinois law"

That's what the Illinois Supreme Court said of the appellate court's reasoning in its decision. You seem to be the only person who doesn't understand the legal implications.

Last night I printed the relevant portion of the decision:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=288472&mesg_id=288651

Today, every newspaper from the NY Times to the Washington Post to the Tribune explained for you what the SC decision said: that the appellate court had simply made up an argument that has no precedent and in fact flies in the face of established precedent.

[Freddie Stubbs]

59. Great news for Chicago voters who want to vote for Emanuel

[sharesunited]

13. Bleh. I mean yay!

[Robb]

16. I think you've summed it up nicely.

[Broderick]

14. Well then that is that. The circus stops. He runs.

[Exultant Democracy]

17. Rahm is a blight on our party, but it only seems fair that he can run.

[No Elephants]

41. Depends on your definition of fair. Please see Replies 33 and 38.

The fair thing would have been an amendment to Chicago's outdated Municipal Code provision by Chicago, as the Appellate Court urged.

Instead, the Supreme Court amended from the bench. That's not how the Rule of Law is supposed to work.

[No Elephants]

54. Too late to edit, but I meant to type See Replies 30, 36 and 38.

[grahamhgreen]

18. If only he had stepped up for the public option this way, we would have it.

[howaboutme]

26. Rahm has always stepped up for Rahm

not Democrats and not Americans. That's the crux of why I can't stand the SOB. He is pure political hack looking out for the connected ones.

[Name removed]

20. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Tx4obama]

24. Were a person is temporarily living has nothing to do with permanent residency.

When you serve your government/president in another state/country you do not lose the residency of your permanent home.

[howaboutme]

27. Residency laws only apply to the little people

For the elite such as those with mayoral appeal and connections, such laws are mere nuisance and mean nothing, somewhat similar to Leona Helmsley and taxes.

[Tx4obama]

28. Read the Illinois code.

It has nothing to do with 'the elite'.
The code protects ALL people that are serving at the will of the government: soldiers/military personnel, ambassadors, etc.
Soldiers and others in the military serving out of state and/or country are NOT elite, so I find your comment nonfactual and silly.

[No Elephants]

43. Read Reply 38.

[No Elephants]

42. That is up to state and local law.

[BrklynLiberal]

22. Now that he can run, perhaps he will lose...The PEOPLE will speak.

[jaxx]

29. Seems the people like him.

<..> A Chicago Tribune/WGN poll released over the weekend -- which now seems like a millenium ago given the twists and turns in the contest since then -- showed Emanuel at 44 percent while former Sen. Carol Moseley Braun took 21 percent and former Chicago Public Schools Superintendent Gery Chico received 16 percent. No other candidate took double digit support.

http://voices.washingtonpost.com/thefix/white-house/rahm-emanuel-ruled-eligible-fo.html

[No Elephants]

44. He's a heavy favorite which is why I thought Chicago should have amended its outdated Code, as

the Appellate Court had suggested in its opinion.

[xloadiex]

23. I have a dog in this fight

Because I actually do live in Chicago. A majority of the city wants him for our mayor. I welcome him as our mayor. Take a look at who else is on the ballot. I wouldn't vote for any of them.

[frazzled]

32. From another Chicagoan who agrees with you

The only other really viable candidate is Gery Chico, and while he is smart and slick, I was pretty surprised to see how almost Republican he sounded in a recent debate I watched. He made Rahm look like a radical. When I learned of Chico's representation of all the corporations and developers to the city, I decided he was probably not my man.

I just came back from a neighborhood event at which Alderman Walter Burnett stopped by to say hey (our neighborhood is divided between his ward and Brendan Reilly's in the 42nd: I left before Brendan came). Burnett broke the news to everyone that Rahm was on the ballot. There was some muted clapping, because here was a room full of white people sipping wine and I think everyone thought, hey, Walter's gonna be for Carol. But he said right away (not to offend anyone perhaps): "Not that I'm endorsing anybody. I am not endorsing in this election. But vote for me! Because whether it's Rahm or Gery or Carol or Miguel, I know more than they do, so they're gonna need me." A huge cheer went up. But I got the impression he knew he was going to be talking to Rahm.

[demwing]

58. "He made Rahm look like a radical"

no doubt that is his purpose in the race

[Demeter]

37. I Hope Chicago Gets Better Than It Deserves

unfortunately, it will probably get Ram.

[No Elephants]

45. I don't like him, but I'm glad he can run bc it should be up to Chicagoans. I just wish

it had been done the legally right way, by Chicago amending its outdated Municipal Code provision, as the Appellate Court had suggested in its careful, scholarly opinion.

Instead, the Supreme Court amended it from the bench.

"Hard cases make bad law."

[pink-o]

46. Breaking: Rahm Emmanuel allowed to stand for Chicago Mayor

Source: SF Gate

Jan. 27 (Bloomberg) -- Rahm Emanuel, President Barack Obama's former chief of staff, will remain on the ballot for Chicago's Feb. 22 mayoral election, the Illinois Supreme Court ruled unanimously.

Emanuel satisfies candidate residency requirements, Illinois's highest court said today, reversing a Jan. 24 appeals-court ruling that would have excluded the former Chicago congressman from the ballot. Early voting in the third-largest U.S. city begins Jan. 31



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/01/27/bloomberg1376-LFPEXO6JTSEJ01-191564O2RR72F5U23P1U3V6S0J.DTL#ixzz1CIFLMiOt

No link yet.

---

Like, who couldn't have predicted THIS outcome?

[Lucinda]

47. Yawp. Shocked...I'm not. We called this one early.

[unkachuck]

48. "...will remain on the ballot..."

....boy, that was a close one, rahmbone....

"oh, i get by with a little help from my friends,
mm, i get high with a little help from my friends,
oh, i'm gonna try with a little help from my friends."

[elocs]

49. Yep, I did read this here hours ago. I thought it wasn't exactly "late" breaking news:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x287860

[groundloop]

50. As much as I dislike Rahm I feel it was BS for him not to be on the ballot

He's been a Chicago resident for plenty long enough to meet the requirements, and only temporarily left at the request of the President of the United States. There's no way he should have been excluded. Not that I'm any fan of Rahm, in fact I was elated when he resigned as Chief of Staff, but fair is fair.

[OhioBlue]

52. I agree completely.

I think it was a very bad decision made by the lower court to take him off the ballot and dangerous precedent setting. I'm not a huge Rahm fan either.. but I think it is clear that he was a Chicago resident and only moved his family to D.C. to serve the President and the Country. Fair is fair. You are right.

[No Elephants]

55. Depends on your definition of "fair." Please see Replies 30, 36, 38 and 45.

[wisteria]

51. Fair is fair. n/t

[earcandle]

53. Will anybody vote for him? Or is it already rigged?