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Two high-profile cases, the challenges against the state’s no-cash
bail law and the state’s gun ban, resulted in temporary restraining
orders against the laws. Those cases, filed in Kankakee County and
Macon County, respectively, are still pending before the Illinois
Supreme Court.
Senate President Don Harmon’s amendment to House Bill 3062 would
only allow citizens wanting to sue the state to file complaints in
Sangamon, home of the capital city of Springfield, or Cook, home of
Chicago, counties.
“It’s where the cause of action is against the state itself, or one
of our officers, seeking declaratory or injunctive relief against a
state statute on the basis that it’s in violation of the
constitution,” Harmon, D-Oak Park, said Friday before passing the
bill.
State Sen. Terri Bryant, R-Murphysboro, decried the proposal.
“This is a terrible bill. We have circuit courts in this state for a
specific reason and that is so people are able to go to their courts
and have their grievances heard,” Bryant said.
Harmon said in his bill, residents will still be able to bring
actions against the state in their local courts for a variety of
reasons, just not to seek to overturn state law alleging it violates
the constitution.
“It is not new. There are a variety of statutes today that say venue
is proper in Sangamon or Cook,” Harmon said.
While Harmon said the measure protects against “forum shopping,”
state Sen. Jason Plummer, R-Edwardsville, said Harmon’s bill would
codify forum shopping to favor the state. Cook and Sangamon counties
lean heavily left. He called it an affront to democracy.
“And it's time that you start showing some respect to the people of
Illinois,” Plummer said. “Quit limiting their rights, quit taking
their rights away, and frankly when you take their rights away, at
least give them the decency and the respect to allow their concerns
about their rights being taken away be heard in a local courthouse.”
The measure can now be taken up by the House. Legislators return
Wednesday.
Greg Bishop reports on Illinois government and other
issues for The Center Square. Bishop has years of award-winning
broadcast experience and hosts the WMAY Morning Newsfeed out of
Springfield. |
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