Rahm Emanuel Ouster Stayed By the Illinois Supreme Court

The court of appeals decision of yesterday striking Emanuel from the Chicago mayoral ballot has been stayed pending further review by the Illinois Supreme Court:

[T]he Supreme Court granted Emanuel’s motion for a stay of the ruling.

“The appellate court decision is stayed,’’ the Supreme Court’s order reads. “The Board of Elections is directed that if any ballots are printed while this Court is considering this case, the ballots should include the name of petitioner Rahm Emanuel as a candidate for Mayor of the City of Chicago.’’

Via Ace, who thinks the Supremes may have tipped their hand by granting a stay.  I disagree. 

More likely, they were just looking at the practical effect of denying a stay and having the ballots printed without including Emanuel.  That might not be possible to undo in time for the election if Emanuel were later declared to be eligible to run, irreparably prejudicing him and any voters who want to see him elected mayor.  It is easier to strike him later, I guess, than to add a name to the ballot. 

A stay also preserves the status quo — where he was a candidate — while the Supreme Court considers the matter, and this is the kind of momentous case the Supreme Court really should and almost certainly will hear.

So the least harmful thing to do is stay the court of appeals decision, hear the case now — there can’t be much on their docket that is more pressing — and quickly issue a decision.  I expect that a decision will be issued before the end of the week.

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Published in: on January 25, 2011 at 12:06 pm  Leave a Comment  

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