Subject: Re: [EL] Breaking news: Rahm decision
From: Rick Hasen
Date: 1/27/2011, 3:36 PM
To: "rick.hasen@lls.edu" <rick.hasen@lls.edu>
CC: "legislation@mailman.lls.edu" <legislation@mailman.lls.edu>, Election Law <election-law@mailman.lls.edu>
Reply-to:
"rick.hasen@lls.edu"


The most interesting aspect of the Illinois Supreme Court's decision is the disagreement between the majority opinion and the two concurring Justices. The majority paints the lower court opinion as having ignored controlling precedent on the meaning of the term "residency." The concurring Justices say that the cases before this one have been conflicting, and that both sides had reasonable arguments to make. The concurring Justices seem most concerned about the tone of the majority opinion, which they say reinforces popular belief that the lower court was motivated by something besides law---apparently political considerations.

If the concurring Justices had their way, the opinion would have been just a few pages of analysis, and based on the simple principle that if someone was once a resident, he does not lose his status as a resident by rending out his permanent abode.

On 1/27/2011 3:16 PM, Rick Hasen wrote:

Breaking News: Illinois Court Unanimously Reverses Lower Court, Putting Rahm Back on the Ballot

The two opinions are here. More coming.

Posted by Rick Hasen at 03:15 PM
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
rhasen@law.uci.edu

William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org

--
Rick Hasen
Visiting Professor
UC Irvine School of Law
rhasen@law.uci.edu

William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org