Understanding Illinois: Federal Courts Manage Much of Illinois Government
•October 5, 2016•
By Jim Nowlan
NP Guest Columnist
This is another in a periodic series of columns on “politics and policy in Illinois.”
I tell my students that policy advocates appeal to any level or branch of government that might be responsive, including the courts.
The Illinois state judiciary has not, however, generally inserted itself into state government policy and management.
As John Marshall Law School professor Ann Lousin observes, “The Illinois Supreme Court has a good sensitivity about the separation of powers.”
“The Illinois Supreme Court is not, for example, going to touch school funding because the legislature won’t touch it,” Lousin notes, to illustrate. “The court avoids making decisions where the branch cannot enforce relief.”
On the other hand, policy advocates in Illinois have been highly successful in the federal district courts, which have approved 80 “consent decrees” since the 1970s, according to a recent count by the governor’s office.
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