![Democratic leaders seek to dismiss redistricting lawsuits Democratic leaders seek to dismiss redistricting lawsuits](https://southwestregionalpublishing.com/wp-content/uploads/2021/07/img-HARMON-WELCH-07202-dhjQNz-1024x682.jpeg)
Democratic leaders seek to dismiss redistricting lawsuits
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – Lawyers for Illinois’ Democratic legislative leaders last week filed a motion to dismiss a lawsuit from Republicans and a Mexican American advocacy group regarding newly drawn legislative maps, calling the challenge “purely speculative” until full U.S. Census data is released.
The motion, filed Friday, was an expected move following a Wednesday, July 14, status hearing for two consolidated lawsuits filed by Republican legislative leaders Sen. Dan McConchie, R-Hawthorn Woods, and Rep. Jim Durkin, R-Western Springs, as well as the Mexican American Legal Defense and Educational Fund, or MALDEF.
Both suits name the Illinois State Board of Elections and its individual members as well as Illinois House Speaker Emanuel “Chris” Welch and Senate President Don Harmon as defendants.
The lawsuits focus on whether American Community Survey data, rather than full census data, is a permissible source for drawing legislative district lines.
Every 10 years after the census, the Illinois General Assembly has the first crack at redrawing the lines of Illinois’ 59 Senate and 118 House districts, and they face a June 30 deadline set by the Illinois Constitution after which the process is handed to an eight-person commission made up of four members from each party.
If that group fails to approve maps by Aug. 10, a ninth member, who could come from either party, would be randomly chosen and added to the commission to give one party a single-vote advantage.
This year, the supermajority Democrats in the General Assembly passed new redistricting maps by the end of the regular session in May and Gov. JB Pritzker signed them into law on June 4.
But full census data wasn’t available at the time and still won’t be released until Aug. 16, so lawmakers used data from the Census Bureau’s American Community Survey and other private sources to draw the maps.
MALDEF and the Republican leaders argued in their court documents that the use of American Community Survey data represents an incomplete count and therefore violates the “one person, one vote” principle under the equal protection clause of the U.S. Constitution.
The Republican leaders have asked the court to either force Welch and Harmon to appoint a bipartisan commission to oversee redistricting, or appoint a special party to draw the maps themselves. At last week’s status hearing, lawyers for the Democratic leaders argued that would be an extreme remedy in which federal judges are intervening in matters of state law.
MALDEF requested a judge block the new maps from taking effect in any future elections.
But lawyers for the Democratic leaders – which include Michael Kasper, a longtime Democratic redistricting operative and ally to former House Speaker Michael Madigan – argued in the dismissal motion “there is no way to measure the validity of Plaintiffs’ equal protection allegations until the Census Bureau issues the 2020 census data.”
The lawyers for the Democratic leaders focused on the state constitution in other aspects of their motion to dismiss as well, arguing, “Nothing in the U.S. Constitution or Illinois’ Constitution or statutes mandates only the use of final census numbers in redistricting.”
“Plaintiffs do not suggest that the General Assembly should have used a different data set – plaintiffs only suggest that the General Assembly, led by defendants Welch and Harmon, should have done nothing and simply ignored the directives of the state constitution,” the lawyers wrote. “The federal constitution does not require such inaction on the part of state officials.”
Welch and Harmon’s lawyers also argued that the claims against them lack standing because the plaintiffs make no specific claims that the districts in which they reside are negatively impacted by the use of ACS data.
“They have not alleged—nor can they allege—that their personal voting strength is diluted by the current redistricting plan,” they wrote in the court document. “They have not alleged, for example, that their votes are diluted by overpopulation in their districts when compared to the voting power of those residing in less populated districts.”
The state elections board, which is represented by Illinois Attorney General Kwame Raoul’s office, also filed a motion to dismiss the suit Friday, claiming immunity in the case via the 11th Amendment to the U.S. Constitution and echoing claims that the plaintiffs have not demonstrated injury in the case.
The case is before a three-judge federal panel, which has a tentative trial date set for Sept. 27-29.
But there is also another status hearing scheduled for Aug. 24 – or just over a week after full census numbers will be made available. In an order scheduling that hearing, the court acknowledged that planned expert testimony is likely to “be affected (perhaps substantially) by information that will not be available until the census numbers come out.”
At the virtual August hearing, the parties are scheduled to discuss “the effect, if any, of the release of the census data on the complexity of the case and the presentation of evidence, either on a paper record or a trial,” as well as the logistics of the trial and dates for additional status hearings.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
![dvn ryan grace willow admin Ryan Grace](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/dvn-ryan-grace-willow-admin-932x1024.jpg)
Willow Springs expected to hire Lyons official as village administrator
Spread the loveBy Steve Metsch Ryan Grace, public works director in Lyons for the past four years, is expected to be hired as the Willow Springs village administrator tonight. The village board is expected to approve his hiring during its 7 p.m. meeting. Grace, 38, said he was offered the job by Willow Springs Mayor…
![2 Rhone Talsma (right), Chicago Ridge Public Library's Multimedia Librarian, today defeated 40-day champion, Amy Schneider, in Final Jeopardy, walking away with $29,600. He's standing next to host Ken Jennings. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/2-2-1024x576.jpg)
Chicago Ridge librarian knocks off ‘Jeopardy’ champion
Spread the loveBy Kelly White Rhone Talsma grew up watching “Jeopardy!” – the classic game show with a twist where the answers are given first, and the contestants supply the questions. On Wednesday, Talsma knocked off 40-day champion Amy Schneider and won almost $30,000 in the process of becoming the new champion. Locally, the show…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Seven Mt. Carmel wrestlers win titles, help Caravan to Chicago Catholic League crown; Brother Rice takes 3rd
Spread the loveBy Steve Millar Correspondent Ryan Boersma did not get the opportunity to become a four-time Catholic League champion because the COVID-19 pandemic caused to the cancellation of the conference tournament. But winning three Catholic League championships at two schools, and wrapping it up by winning a Lawless Award for the league’s best senior…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Davion Lawrence’s double-double leads Oak Lawn over Richards
Spread the loveBy Steve Millar Correspondent When they were growing up, Johnny McGowan had the upper hand when squaring off on the court against Davion Lawrence. “Me and him go way back,” said McGowan, a senior guard at Oak Lawn. “He used to sleep over at my house when we were younger. We went to…
![GSWNH_PlantChicagoMarket_012822 Plant Chicago is a non-profit that encourages the growth neighborhood-based start-up businesses and which promotes what it calls a circular economy. It promotes a community-wide adoption of business models designed to recycle and reuse materials, money, expertise and more. Initially headquartered in a century-old warehouse in Back of the Yards, Plant Chicago has relocated to what was a vacant firehouse at 45th and Marshfield. Its indoor farmers markets are possibly its best-known and most popular events. The next market is set for 11 a.m. to 3 p.m. Saturday, Jan. 29 at its headquarters. For details, visit plantchicago.org. --Supplied photo](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_PlantChicagoMarket_012822-1024x768.jpg)
Funds flow to Back of the Yards
Spread the loveFour groups get grants; millions more available By Tim Hadac Four organizations in Back of the Yards—three businesses and a non-profit—are among 31 awarded more than $14.4 million in small business grants being allocated through the Chicago Recovery Plan. They are: Diaz Group Office Space, 5100 S. Damen, $250,000. El Nuevo Guadalajara, 4350…
![GSWNH_TamikoTalbertFlemming_012822 Talbert Fleming](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_TamikoTalbertFlemming_012822-1020x1024.jpg)
Offer reward in grandma’s slaying
Spread the loveWas shot on 71st Street By Tim Hadac A $15,500 reward is offered for information leading to the arrest and conviction of whoever shot and killed a 49-year-old grandmother in the Chicago Lawn neighborhood. Tamiko L. Talbert Fleming, of south suburban Dolton, was in the driver’s seat of her vehicle at 71st…
![GSWNH_GirlScoutCookies_012822 GSWNH_GirlScoutCookies_012822](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_GirlScoutCookies_012822.jpg)
A sweet salesgirl
Spread the love Alessandra Valentina Paredes, a Daisy Scout with Girl Scout Troop 20637 (sponsored by St. Nicholas of Tolentine Parish), shows a sweet smile as she begins her first-ever time selling Girl Scout Cookies. The daughter of West Lawn residents Jose Antonio and Lorena Paredes, Alessandra, age 5, joined the Daisies just four months…
![CRRNH_FrontierJet_012622 CRRNH_FrontierJet_012622](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/CRRNH_FrontierJet_012622.jpeg)
Midway is new for Frontier
Spread the loveLow-fare airline coming in April By Tim Hadac Low-fare passenger airline options are set to increase at Midway International Airport this spring, with the arrival of Frontier Airlines. The expansion of air travel options was announced at a press conference last week at the airport. With 10 new nonstop routes taking off starting…
![BobbyRush U.S. Rep. Bobby Rush](https://southwestregionalpublishing.com/wp-content/uploads/2021/06/BobbyRush-819x1024.jpg)
Rush rips USDA over plight of black farmers
Spread the love‘House is on fire,’ congressman says From staff reports U.S. Rep. Bobby L. Rush (D-1st) recently questioned U.S. Department of Agriculture Secretary Tom Vilsack about what Rush called “the dire prognosis of black farmers in the U.S. and the steps USDA is taking to help minority farmers.” “As you well know, our nation’s…
Neighbors
![dvn 6-24-24 Alan_Morales Alan Morales](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/dvn-6-24-24-Alan_Morales.jpg)
Lyons Mental Health Commission pulls LeaderShop funding
Spread the loveExecutive director accused of harassment From staff reports The local nonprofit service community was jolted when nearly $300,000 in mental health funds was withdrawn by a Lyons Township agency from the Western Springs LeaderShop, a social service agency that has provided youth programs for nearly 40 years. The Lyons Township Mental Health Commission…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Mount Carmel, Marist and Oak Lawn among 84 teams at Riverside-Brookfield shootout
Spread the loveBy Xavier Sanchez Correspondent High school boys basketball does not stop in March and pick back up in late autumn. For many players, playing hoops is a year-round commitment. AAU ball is a big reason for, that there are summer camps, shootouts or other events at most schools during the summer. The…
![PeggyZabicki Peggy Zabicki](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/PeggyZabicki-1024x768.jpg)
Dog lovers to celebrate ‘Fur of July’
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . I’m starting out with some fun news. The West Lawn Dog Park Advisory Council will be hosting a Fur of July Pet Parade on Saturday, June 29 from 10:30 a.m. to 12:30 p.m. at West Lawn…
![MaryStanek Mary Stanek](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/MaryStanek-768x1024.jpg)
Fourth of July not happy for everyone
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Happy Fourth of July. Cannot believe I am already saying that, time sure goes. Hope it is safe and quiet for everyone and especially all of our house pets. For us its shutting…
![kathyheadley2021 Kathy Headley](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/kathyheadley2021-869x1024.jpg)
St. Rita’s transformation is worth a look
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . St. Rita of Cascia Church, 63rd and Fairfield, continues to undergo its transformation from the sunflowery/harvest golds and browns of the 1960s and 1970s to the calming pastels of the 2000s. Since the basilica-style church…
![NAEHER Alyssa Naeher clears a ball at North Carolina on June 23 in a 3-1 Red Stars loss. IMAGN photo](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/NAEHER-1024x712.jpg)
Loss to Courage brings Red Stars’ winless streak to five games
Spread the loveBy Jeff Vorva Correspondent The Chicago Red Stars historic start to the season is all but forgotten. In the last five matches, the Red Stars have failed to win, with the latest setback being a 3-1 loss on the road to North Carolina on June 23 in an NWSL battle. The Red Stars…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
Summer League Basketball | Illinois powers compete at Riverside-Brookfield Shootout
Spread the loveBy Xavier Sanchez Correspondent School’s out for the summer, but high school athletes across Illinois are remaining active during the summer sports season. This includes basketball players, who can be found at camps, open gyms, camps and even weekend tournaments. Among the more high profile hoops action in the area was the Riverside-Brookfield…
![Dana RETTKE Dana Rettke, a graduate of Riverside-Brookfield High School, will play on the U.S. women's volleyball team at the upcoming Summer Olympic Games in Paris.](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/RETTKE.jpg)
Dana Rettke and Ryan Murphy heading to Paris Summer Games
Spread the loveBy Jeff Vorva Correspondent Area fans of the Summer Olympics will have extra reasons to cheer athletes from the United States in the upcoming Paris Games. Dana Rettke of Riverside is a member of the U.S. women’s volleyball team and Palos Heights native Ryan Murphy will represent the country in swimming. Rettke, a…
![kathyheadley2021 Kathy Headley](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/kathyheadley2021-869x1024.jpg)
Hope Church feeds the hungry at Marquette Park
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Last week on the way to our CAPS meeting at the Marquette Park Fieldhouse, I stopped in at the Tuesday Community Dinner hosted by Hope Church every week in the auditorium. Pastors Ben and Jordyn…
![dvn 6-16-24 Hadi Isbaih Hadi Isbaih](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/dvn-6-16-24-Hadi-Isbaih.jpg)
Palos Heights tax preparer convicted of Covid-relief fraud
Spread the loveFrom staff reports A Palos Heights tax preparer who operates a business in Bridgeview has been convicted on federal charges for fraudulently assisting customers in obtaining loans under the Coronavirus Aid, Relief, and Economic Security Act. The jury in U.S. District Court in Chicago on June 10 convicted Hadi Isbaih, 42, on all…