Emanuel Case Likely Won’t Reach U.S. Supreme Court

CHICAGO (WBBM/CBS) — Could the case of Rahm Emanuel’s residency go all the way to the U.S. Supreme Court?

Not likely, say legal experts.

LISTEN: Newsradio 780 Political Editor Craig Dellimore reports

The Illinois Supreme Court will decide if state Appellate Court judges were right to throw Emanuel off the ballot for failing to satisfy the one-year residency requirement to run for mayor. Also Thursday, former Gov. James Thompson urged the court to keep Emanuel on the ballot.

Veteran election attorney Michael Dorf says it is unlikely the case will move on to the federal court system.

For one thing, Dorf said, there is no constitutional issue that has been raised.

“There has been sort of a rule in election cases that you need to raise constitutional claims now, rather than waiting until the Illinois Supreme Court rules and then suddenly create a new constitutional claim,” Dorf said.

Also, Dorf says the U.S. Supreme Court is traditionally reluctant to intervene in local elections, and this is, at its heart, a residency case based on state law.

The Appellate Court ruled Monday that Emanuel’s name must be removed from the ballot, disagreeing that his claims of intent to return to Chicago and the fact that he left for national service exempted him from the one-year requirement.

On Tuesday, the justices of the state Supreme Court ordered that Emanuel’s name be restored to the ballot as they review the case. A final decision may come before the end of the week.

Emanuel has continued taking his campaign to the streets of Chicago. Today, he pushed his plan to add 1,000 police officers and to increase after school programs for children.

LISTEN: Newsradio 780’s Craig Dellimore Reports

  • Thomas DeQuincey

    It’s a tough call for the Illinois Supremes. They are up against Braun, Chico, and del Valle, three more examples of affirmative action/equal opportunity run amok. If Rahm were black or Latino, it would be a no-brainer. BUT, he’s Anglo, and the Illinois Supremes are probably as crooked and partisan as the 2000 US Supremes when they gave the presidency to that room-temperature IQ GWB. If the Illinois Supremes do keep Rahm off the ballot, everyone who supports him should just write the name on the ballot next month and during the revote if it comes to that. None of the current candidates except Rahm have the right stuff to succeed Mayor Daley. Pay attention, Illinois Supreme Court; we know your names, and we know how to vote.

    • D.Reamer

      Actually Rahm isn not “Anglo”, he’s Jewish. Sounds like you’re a bit bitter…contrary to your ignorance there are intelligent, hard-working black and brown minorities.

      • Smooth

        Joe Berrios, Al Sanchez, Todd Stroger, Jessee Jackson Jr. is what the public sees representing these minorities. As an American with Mexican heritage, I find these characters as criminals and have betrayed the trust of the people. No wonder stereotyping will never go away cuz these individuals have aligned themselves with the Blago’s, Ryan’s , Vrdolyak’s, Burge’s
        True Chicagoans should be appalled by this vile group. When they stand before Almighty God, they will com e up short in many a way.

  • bob

    If Rahm is considered residing in Chicago while not residing in Chicago, all the cops and firefighters should be able to do the same. They can all pitch in and rent a 1 room apt and give that as their residence and actually live somewhere else and keep their jobs. Why should they have to actually live in Chicago when the top guy doesn’t? Maybe they don’t really need to rent an apt but just have a p.o. box at the local UPS office.

    What’s good for the goose is good for the gander!!

  • Frank

    I know that Rahm voted in Chicago, owns a home in Chicago, has stored personal property in Chicago, but I haven’t heard if he filed Illinois taxes. If Illinois accepted his tax payments, from a Chicago address, then he should be considered an Illinois and Chicago resident. Are those in the armed forces from Illinois and Congressmen (who live part-time outside of Illinois) also held to these same standards and not considered “residents” of the state or city where they came from?

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  • Steve

    if being asked to serve by the president isn’t national serivce, I don’t know what is. If he marked full year resident on his state of illinois taxes and the state didn’t question it, then the state recognized his status.

  • Tony Cisneros



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