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January 25, 2011

Illinois Supreme Court Stays Appellate Court Decision, Temporarily (?) Putting Rahm Emmanuel Back on the Ballot

A stay isn't a final decision; it's a holding action while the court decides for itself. At the moment, Emmanuel's back on.

One bit of weirdness is that the court issued this stay without deciding if it would actually hear the appeal at all -- so... uh, they could just let the stay sit, without ever deciding the case on the merits? That is, they could just blow off their actual decision and let inertia carry Emmanuel to election day?

In cases of injunctive relief like this, there are several showings necessary, but one of them is "a likelihood of success on the ultimate merits." So the Illinois Court may have already tipped its hand that it intends to crown King Rahm one way or the other.

posted by Ace at 01:21 PM

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One bit of weirdness is that the court issued this stay without deciding if it would actually hear the appeal at all -- so... uh, they could just let the stay sit, without ever deciding the case on the merits? That is, they could just blow off their actual decision and let inertia carry Emmanuel to election day? In cases of injunctive relief like this, there are several showings necessary, but one of them is "a likelihood of success on the ultimate merits." So the Illinois Court may have already tipped its hand that it intends to crown King Rahm one way or the other. posted by Ace at 01:21 PM \| Access Comments <script language="javascript" src="http://adserver.adtechus.com/addyn/3.0/5235/1131537/0/170/ADTECH;loc=700;cookie=info;target=_blank;key=key1+key2+key3+key4;grp=[group]"></script><noscript><a href="http://adserver.adtechus.com/adlink/3.0/5235/1131537/0/170/ADTECH;loc=300;key=key1+key2+key3+key4;grp=[group]" target="_blank"><img src="http://adserver.adtechus.com/adserv/3.0/5235/1131537/0/170/ADTECH;loc=300;key=key1+key2+key3+key4;grp=[group]" border="0" width="300" height="250"></a></noscript>	Recent Comments m: "Pixy is up at his other site: https://ai.mee.nu ..." m: "BOO! ..." Wolfus Aurelius, Dreaming of Elsewhere [/i] [/b]: "Quiet here tonight. ..." charisma: "Attrаctive section of content. I jᥙst ..." 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