13-05-2025
Judge urges state high court to read constitution as written
May 13—It's not often that someone at the lower end of the organization chart chastises those at the very top.
But that's what happened recently when a state appeals court justice asked the Illinois Supreme Court to stop ignoring the Illinois Constitution's clear language that governs the legislative process.
Fifth District Appellate Justice Mark Boie wrote that he could not ignore "the legislative and executive branches of our state government's continued disregard for the procedural rules and processes involved in passing laws in this state, then hiding behind and citing our supreme court precedent ... to justify their actions."
That's fiery language by judicial standards.
What's this about?
It concerns the public's interest in having a thoughtful, deliberate legislative process that is required by the Illinois Constitution, but ignored by state supreme court justices.
All Illinoisans have a dog in this fight because they have to live within the laws as written.
The dispute concerns the Constitution's "three-readings rule" — Article 4, Section 8, Paragraph (d) — which requires that proposed legislation be read and discussed in both the state House and Senate on three separate days.
As explained in a court decision, "the three-reading requirement ensures that the Legislature is fully aware" of a bill's contents while providing "the opportunity for the public" to read and comment on the bill "prior" to passage.
It reflects one of those good-government promises proponents used to sell the 1970 Illinois Constitution to voters.
But few things involving Illinois' pervasively corrupt government are what they seem because the governor, legislature and supreme court ignore the three-readings rule.
Boie wrote his partially concurring opinion in a case involving a 2023 gun law. But there have been many other important laws passed in the same surprise-attack manner, most notably the controversial SAFE-T Act social-justice bill.
In a process known as "gut and replace," proponents at the last minute strip an unrelated bill of its contents, put in new language and present the final product for a vote. Once passed, sometimes in a matter of hours, legislative leaders sign a statement asserting all rules were followed.
Senate President Don Harmon wrote such an affirmation regarding the gun bill, a fib so bold that Boie, relying on the undisputed legislative history, charged "there is nothing further from the truth."
The bottom line is that the legislative process can become a giant game of pretend. Legislators pretend to follow the rules. The high court for years has pretended to believe them.
As a result, Boie charged that "foundations of the bedrock of democracy are decimated by failing to require the lawmakers to adhere to the constitutional principle."
He noted appellate courts in the Fourth and Fifth districts, representing 89 of Illinois' 102 counties, have said "now is the time" for the high court to end this "continuing disregard for the proper constitutional rules and procedures required for passing laws."
What will the high court's justices do in the face of such a clarion call? Probably nothing.
They have, mostly, ignored the issue. They've occasionally warned legislators to change their behavior, the equivalent of an old man shaking his cane at misbehaving kids.
But, just like they ignore the three-readings rule, legislators ignore the justices' warnings.
All seven high court justices swore an oath to uphold federal and state constitutions. What they apparently meant was that they would if they felt like it, and wouldn't if they didn't.
