From the Freedom Caucus:
Springfield, IL – Yesterday, the Illinois Freedom Caucus’ lawsuit against Democrat legislative leaders received its first substantive hearing in Sangamon County Court.
The suit (Case # 2025-MR-263) challenges the unconstitutional process used to force through the state’s $55 billion budget package at midnight.
Attorney, Bryan Drew, tactfully laid out the argument as to how the defendants (Speaker Welch and President Harmon) are violating the Constitution, and the trust vested in them by the people of Illinois, in their midnight passage of perhaps the most consequential piece of legislation annually; the state budget. In response to the defendants’ motion to dismiss, and argument that the court need not rule on the enrolled bill doctrine, we write “while it is true that the Supreme Court has held that the Enrolled Bill Doctrine is to be followed in Illinois, the Court stated in Geja’s Cafe v. Metropolitan Pier and Exposition Authority that: if the General Assembly continues its poor record of policing itself, we reserve the right to revisit this issue on another day to decide the continued propriety of ignoring this constitutional violation.” 153 Ill.2d 239, 260 (Ill. 1992) The Court has further stated that no doctrine can exempt from judicial review the requirements of the constitution. Id. The Court has also held that: “while separation of powers concerns militate in favor of the enrolled-bill doctrine, our responsibility to ensure obedience to the constitution remains an equally important concern.” Friends of Parks v. Chicago Park Dist., 786 N.E.2d 161, 171 (Ill. 2003).
The Honorable Judge Adam Giganti, who presided over today’s hearing, questioned the defense extensively as to what the guard rails should be on this legislative process, and appeared to be duly engaged by Freedom Caucus counsel’s arguments. The Illinois Freedom Caucus is issuing the following statement.
“We recognize this is an uphill battle, but we believe this fight is worth it. The actions we are taking are for the people of this state. We deserve a budget process that is transparent, accountable and above all Constitutional.”
