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Amicus Curiae Tossed in Pension Theft Case

{ Submitted by wesler1 on Fri, 2015-01-23 11:34 }

On Inaguration Day in Springfield while Bruce Rauner was being sworn in as Illinois Governor, Lisa Madigan filed a legal brief arguing that the State should be allowed to cut pensions of retired and active employees. An unwritten rule existed, she argues, giving states the right to suspend constitutional protections whenever, in their judgement, an "exigency" existed.

In this case, the State was faced with a budget shortfall, and might be forced to levy taxes on the wealthy - if it could not cut pensions to its retired employees.

A collection of right wing think tanks and taxing districts filed 10 amicus curiae briefs in support of Madigan's plea. Attorneys representing retired and active employees asked, in turn, for an extension of time to read through and respond to the amicus curiae briefs. Yesterday, the Illinois State Supreme Court threw out all 10 briefs. The Court told retirees and employees to stick to the original schedule and respond only to the State's brief. That will happen in February, with oral arguments before the Court scheduled for March.