United States Seventh Circuit

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Judge v. Quinn, 10-2836

In an Illinois Senator's challenge to an election procedure for filling President Barack Obama's seat in the U.S. Senate, district court's entry of permanent injunction ordering Governor Quinn to issue a writ of election that would call for a special election on November 2, 2010, and thereby effectively preventing Senator Burris from participating in the special election, is affirmed where: 1) nothing the district court did in order to bring Illinois's election procedures into line with the Seventh Amendment was beyond its capacity, and this case does not involve an issue committed to the exclusive discretion of one of the political branches; 2) the Senator has forfeited the argument that the district court usurped the constitutional role of the Illinois General Assembly when it decided how candidates should be selected for the special election and set deadline for certifying election results; and 3) district court's order does not run afoul of the Court's guidance on ballot-access restrictions as, nothing in the permanent injunction excludes a particular class or group of candidates in a manner that suggests than an identifiable group of voters will be left out of the special election, and the district court's order is narrowly tailored to address only one occasion, and will have no effect on future elections in Illinois.

Appellate Information

  • Submitted 09/22/2010
  • Decided 09/24/2010
  • Published 09/28/2010



  • United States Seventh Circuit


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