Fed'l Case Against Ill. Gov Creates Unusual Issues for Judges & Lawmakers
As officials in Illinois struggle to cope with an unusual situation following the arrest of Gov. Rod Blagojevich in a federal political corruption case yesterday, the state’s attorney general is suggesting that the Illinois Supreme Court could play a key role in determining whether he should continue in office.
Lisa Madigan, who called yesterday for Blagojevich to resign, is now discussing possible options to pursue if he won’t, reports the Chicago Sun-Times.
Among them: The supreme court, under a little-known rule, has the power to determine “the ability of the governor to serve,” the newspaper writes, although it is unclear exactly how that power could and should be exercised in a case such as this one.
Before that approach is pursued, however, it appears that the state legislature—which is reconvening next week to deal with the Blagojevich bombshell—is likely to consider whether it should pursue possible impeachment. Here too, the state constitution doesn’t specifically say how lawmakers should handle a federal criminal prosecution of the governor. Instead, it focuses on potential issues such as “failure to qualify” or “disability,” the article explains.
Meanwhile, another legal conundrum is posed by the nature of the case against Blagojevich, who is accused of having sought to barter the U.S. Senate seat left vacant by President-elect Barack Obama for his own personal benefit.
In theory, the governor might still have the power to do so, reports Slate. But, now that the situation is the focus not only of a federal criminal case but media scrutiny, both the state legislature and the U.S. Senate have options to prevent such an appointment that they could well exercise, the article states.
The Senate, for instance, could refuse to confirm the appointment of any replacement for Obama who appeared to have been selected for improper reasons.
