THE ILLINOIZE: Monday Free for All...Can a sheriff disregard the law?...Madigan on wiretaps...Repealing the ban on nuclear construction in Illinois...
March 20, 2023
Good morning, Illinois.
Welcome back to reality after a weekend of corned beef, green beer, and more college basketball than you can shake a stick at. As an Illinois fan, you know my mood.
The House and Senate return tomorrow at noon. Governor Pritzker doesn't have anything on his public schedule.
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YOUR MONDAY FREE FOR ALL
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Illinois sheriffs’ opposition to enforcing weapons ban signals rightward movement about constitutional authority (Chicago Tribune)
When a group of Democratic lawmakers in Illinois a decade ago proposed banning assault weapons with legislation that mirrors the state’s new gun law, the Illinois Sheriffs’ Association opposed the bill as it has now — but with one major difference. Back then, the sheriffs explicitly said the power to determine a law’s constitutionality lies exclusively with the courts, not themselves.
“The doctrine of judicial review grants to the United States Supreme Court and the lower courts the power to determine the constitutionality of any law and sheriffs do not possess the legal authority to interpret the constitutionality of any law,” it said in a February 2013 resolution.
While supporting Second Amendment rights, the association’s resolution added it “further recognizes the ultimate authority of the courts in interpreting the scope of those constitutional rights.”
Fast forward to 2023, when the sheriffs’ association provided a template for a letter used by an estimated 90 of the state’s 102 county sheriffs stating they “believe that (the new gun law) is a clear violation of the 2nd Amendment to the U.S. Constitution” and that they won’t enforce it.
In identical language, the sheriffs say “as the custodian of the jail and chief law enforcement officer” of their county, they will not “be arresting or housing law-abiding individuals that have been arrested solely with noncompliance” with the state’s new ban on some military-style weapons and magazines.
The 10-year shift from county sheriffs respecting the courts’ role of determining a law’s constitutionality to now declaring themselves the arbiter of a law’s constitutional compliance represents an increasingly rightward tilt among law enforcement nationally toward what is known as the “constitutional sheriff” movement.
The movement, aided by a controversial national group led by a co-founder of the Oath Keepers, wrongly promotes the concept that sheriffs are the ultimate power in their jurisdiction to determine a law’s constitutionality. That goes far beyond the power sheriffs have long exercised in which they’ve used professional discretion to determine how resources are used and which laws to focus on more than others.
The constitutional sheriffs movement has percolated across the nation as some sheriffs have vowed to not enforce laws ranging from gun bans to COVID-19 restrictions. But it garnered new strength in Illinois this year with Democratic Gov. J.B. Pritzker’s signing of the Protect Illinois Communities Act. Passed in the months after the mass shooting at the Highland Park Fourth of July parade, the law bans many high-powered weapons and high-capacity magazines, among other changes.
In an interview with the Tribune, Jim Kaitschuk, the executive director of the Illinois Sheriffs’ Association, said, “Police officers and sheriffs certainly have the ability to say, ‘I don’t believe this is constitutional.’ And I think that’s what they said,” by issuing the nonenforcement letter.
“There was no push for them to do so. (It) was just making them aware that others (would) probably be doing something that, (if) they want to do something similar, they were welcome to do so,” said Kaitschuk, who has headed the association for five years.
Asked about the association’s 2013 resolution recognizing the courts’ authority to determine a law’s constitutionality and acknowledging sheriffs lack that legal authority, Kaitschuk said he was unaware of the document and couldn’t speak to it.
“But I think sheriffs have a right just like anybody else does to have an opinion on something, right?” he said. “So, I think they said what their opinion was.”
Related: Comprehensive Illinois gun violence data 'unattainable,' state police say (Decatur Herald & Review)
Michael Madigan, in his own words, at 'ComEd Four' trial (Crain’s Chicago Business)
In an eventful day of testimony in the “ComEd Four” trial, prosecutors played recordings of conversations in which Illinois House Speaker Michael Madigan directed Michael McClain to instruct then-Rep. Lou Lang, one of Madigan's longtime allies and a member of leadership, to resign from the House.
A series of bombshell recordings, many of which were excerpts of intercepted conversations not disclosed in previous court filings, showed Madigan greatly concerned with getting Lang out of his caucus in 2018 following sexual harassment allegations leveled against Lang earlier that year.
"I think the guy's going to be a continuing problem," Madigan said in October 2018 to McClain, his friend for decades and a longtime lobbyist for Commonwealth Edison. "You can understand my position."
On Nov. 3, 2018, Madigan asked McClain what was happening with Lang. "When do you want me to call Lang and lower the boom on him?" McClain asked him. "Sooner rather than later," responded Madigan, saying that Lang was planning soon to throw a dinner for incoming freshman Democratic representatives.
McClain, whom prosecutors allege was the middleman between ComEd and Madigan in what they describe as a corrupt bribery scheme to curry favor with Madigan, was heard numerous times in intercepted conversations referring to Madigan as his client rather than the companies who paid him to lobby lawmakers.
"I finally came to peace with that 20 years ago when I convinced myself my client is the speaker," McClain said in February 2019 to a former Madigan staffer who had become a lobbyist. "My client is not ComEd, it's not Walgreens."
"If you can get in your mind, your client is only Mike Madigan," McClain added. "It's not the Democratic Party . . . it's not your mom and dad. The one person you care about is Mike Madigan." If that's how you think, McClain said, "he'll never second guess you."
Related: ComEd bribery trial jurors get lesson in machine politics in Madigan’s own words (Chicago Sun-Times)
Wiretaps show Madigan, through McClain, forced ally out of legislature to protect himself (Capitol News Illinois)
Opinion: Federal trials hopefully shed light on Statehouse’s inner dealings (Shaw Media)
Illinois grapples with the future of nuclear power (Capitol News Illinois)
A measure allowing the construction of new commercial nuclear power plants has bipartisan, bicameral support in the state legislature as the body considers its next steps in meeting carbon-free energy goals while maintaining grid reliability.
Its advocates say the measure would open the door for the use of smaller nuclear reactors to serve as a carbon-free power source when the wind doesn’t blow on turbines and the sun doesn’t shine on solar plants.
While proponents are hopeful, the technology behind nuclear power’s potential resurgence hasn’t yet been deployed for power generation anywhere in the United States. A few examples of small next generation reactors exist across the world, but in the U.S. only one of these smaller nuclear reactor designs has been approved by regulators.
Illinois has the potential to be a hub for research into these types of reactors. A team at the University of Illinois is in the process of building a research reactor that would be the first new licensed reactor of any kind in Illinois in decades, pending federal regulatory approval.
The nuclear industry is all for this push. Representatives of Constellation Energy, the state’s nuclear power company, have said they support any legislation to make it easier to build nuclear reactors. The Nuclear Energy Institute, a nationwide nuclear trade group, estimates that new nuclear could save consumers billions of dollars on energy bills.
But some environmentalists and anti-nuclear advocates say allowing new nuclear technologies represents a fundamental risk to the future of the carbon-free movement and the state’s environment.
Nuclear power has been divisive among those pushing to eliminate greenhouse gas emissions in the energy sector. For some it’s a reliable carbon-free alternative to coal and natural gas. For others it’s a dangerous diversion of money away from renewable resources.
Sen. Sue Rezin, R-Morris, introduced a bill that would lift the state’s moratorium on nuclear reactor construction. Rezin said new nuclear reactor designs could alleviate some problems that will come with more reliance on wind and solar power.
“Three other states around the country have lifted their bans as well because they recognize nuclear – not large nuclear but the advanced nuclear reactors – are a potential answer to the reliability and resiliency problem within their energy portfolio,” Rezin said in a committee hearing.
Related: Opinion: Repealing Illinois' nuclear construction moratorium is a bad idea (Crain’s Chicago Business)
POLITICAL POTPOURRI
Lawmakers advance measure to regulate ride-shares as ‘common carriers’ (Capitol News Illinois)
Illinois lawmakers consider two bills establishing rank choice voting. How does it work? (State Journal-Register)
The Illinois EPA has issued drinking water violation notices to 10 state-run prisons (WBEZ)
Illinois prison guard gets 20 years for inmate beating death (Associated Press)
Dan Proft corrects a nearly $3 million typo on campaign finance report following complaint by Democrats (Chicago Tribune)
Illinois educators try to tackle pandemic learning loss with high-impact tutoring (WBEZ)
Lottery employee charged with stealing winning lottery tickets (State Journal-Register)
Sued by white business owner, Cook County halts grant program that aimed to ‘close racial wealth’ gap (Chicago Tribune)
Senator Tammy Duckworth touts MetroLink expansion to MidAmerica Airport (Belleville News-Democrat)
Paul Vallas and Brandon Johnson clash over race, taxes, CTU, violence: ‘Don’t shake your head’ (Chicago Tribune)
Chicago’s mayoral candidates have radically different approaches to fixing public schools. Here’s why. (WBEZ)
Editorial: Chicago Tribune endorses Vallas (again) (Chicago Tribune)
Editorial: What the next mayor can — and should — do for public transportation (Chicago Sun-Times)
Opinion: Opinion: Charisma alone can't cut it in running our city (Crain’s Chicago Business)
Opinion: Abortion pill politics put Walgreens in no-win situation (Crain’s Chicago Business)
Opinion: Invest in child care, for today's economy and tomorrow's (Rockford Register Star)
Opinion: Court should put Illinoisans' safety first in bail reform case (Crain’s Chicago Business)
SOME TOP LINKS FROM LAST WEEK
Should O'Brien and Rochford Recuse Themselves from Pritzker Cases?
Rick Pearson from the Chicago Tribune joins The Illinoize Podcast
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