Early thoughts on Rahm Emanuel's splendid victory in the Illinois Supreme Court

1. I didn't think I would be -- but I'm glad Justice Burke participated in the case. Burke and Justice Freeman filed a separate, specially concurring opinion agreeing with the majority's decision to put Emanuel back on the Chicago mayoral ballot that gently criticized the 'unfortunate tone' taken by the Supreme Court majority (and the Appellate Court dissent) -- and did so in a civil way;
2. I suspect Justices Freeman and Burke have the right of it when they say there was room for disagreement before the Supreme Court spoke late yesterday afternoon;
3. There is no room for disagreement now, though. For purposes of Section 3.1-10-5(a) of the Illinois Municipal Code, "resided in" means where the prospective candidate is domiciled.
   
4. I don't know that Justices Freeman and Burke are correct when they suggest that yesterday's opinion may have unforeseen consequences for residency issues in other cases (such as Chicago's residency requirement -- which requires police officers and firefighters to live within the City limits or forfeit their employment). I suspect Maksym (that's the name by which the case will be known in the law books) will not be so broadly construed by future courts.
5. Rahm Emanuel will win the mayoral primary with more than 50% of the vote and avoid a runoff. This ballot challenge has provided him with sympathetic exposure that no amount of campaign commercials could equal.

I would not, however, suggest that you put money down on this last prediction. If you bet against every prediction I've ever made in this blog you'd probably have a significant amount of money stashed away. Before yesterday I would have thought that Emanuel really was in trouble because Illinois election cases have usually gone against the challenged candidates. I still think you'd be wise not to believe that the Illinois judiciary is suddenly inclined to decide future election cases in favor of broad ballot access.

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Programming Note: My counter tells me that this is post no. 1399. Surely we must be venturing into some sort of record territory here -- I may be the only blogger with this many posts and without either a tinfoil beanie or a book contract. I admit you have to take my word for it about the beanie....

Anyway, coming next week... Post No. 1400. Sitemeter says over 100 people a day have been coming here lately. Most leave quickly, and presumably disappointed. I am grateful for those who have commented regularly over the years -- but this is a message directed chiefly at any lurkers, if lurkers there be: Say hello. And if there's anything you'd like to see more of -- or less of -- on Second Effort, feel free to say so.