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 Share                                                      August 4, 2009                                 

Madigan stalls again,
deceives court on Moment of Silence

A lawyer working for Illinois Attorney General Lisa Madigan filed another status report with the US Court of Appeals for the Seventh Circuit, yesterday (Monday, August 3, 2009), regarding the Student Prayer Act "Moment of Silence" case.


Illinois Attorney General Lisa Madigan

Assistant Attorney General Rachel Murphy "suggests," as she put it in her brief, that the Appellate Court "suspend briefing in this matter" until November 3, 2009.  In the alternative, Murphy "proposes that the Court set a briefing schedule."

The reasons cited for suspending briefing for yet another three months were disingenuous and misleading.

Murphy told the Court that "both HB 0288 and SB 1658 have had their First Reading in the Senate," and that "Consideration of HB 0288 and SB 1658 remains possible until the veto session concludes" on October 30, 2009.

What Murphy did not tell the Court is that both Bills went a lot farther than a First Reading.  In fact, both Bills were sent (individually) to the Senate Education Committee, where both Bills were overwhelmingly rejected by the Committee.  Bills have to successfully get out of Committee in order to be considered by the full Senate (or full House of Representatives).

The reason that the Education Committee rejected each Bill is that the Members of the Committee like the current law -- the law that was declared unconstitutional.  The Members of the Senate Education Committee want the Appellate Court to reverse the lower court.

The Senate Education Committee will not consider any amendment to the current law until the Appellate Court has ruled on my case.  As such, both Bills are D-E-A-D dead.

Why didn't you tell the Appellate Court that, Rachel?

Rachel, don't lie to the Appellate Court.  There is no possibility, whatsoever, that either Bill will be considered by the Senate during the fall Veto Session, or at any time before the Appellate Court has issued its decision in the case.

My team of attorneys tells me that it is more likely than not that the Appellate Court will not put up with the Attorney General's stalling any longer.  My attorneys also say that a response by the Appellate Court regarding the Attorney General's "suggestions" should happen within a day or two.

The way I figure, the more the office of Attorney General stalls, misleads and deceives the US Court of Appeals, the more the court will be antagonized by them.  That can only serve to help my side when the matter eventually does get considered by this very conservative appeals court, so keep it up, Rachel.  Perhaps you can find a way to snatch defeat from the jaws of victory.

Please e-mail a comment to me at rob@robsherman.com to let me know what you think, and I'll post your comments, below.

I look forward to your comments on this one, especially if you are religious or think that the General Assembly should put God back in the classroom.

Please tell your friends about this through your social media networks and word of mouth.

Send personal comments, comments unrelated to this story or notification of typos that you see in any of my posts to rob@robsherman.com.

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