Jacobs: “The new Illinois law limiting where people may file legal complaints for state constitutional violations is now facing its own lawsuit.”

Sep 15, 2023

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The new Illinois law that restricts the locations where citizens can file lawsuits regarding the constitutionality of various laws is now facing its own legal challenge. Rep. Paul Jacobs recently brought attention to House Bill 3062, which has caused controversy among Illinois residents. The Liberty Justice Center filed a lawsuit on behalf of three St. Clair County residents, arguing that the law violates the Illinois Constitution by limiting their voting rights and stripping courts of jurisdiction over certain matters.

Jacobs, a Republican state representative, shared an article from Illinois Policy that shed light on the situation. The article explained that recent litigation surrounding COVID-19 restrictions, gun bans, and the elimination of cash bail led to temporary restraining orders that halted controversial policies. House Bill 3062 aims to end “venue shopping” by limiting where citizens can challenge the constitutionality of state laws.

The lawsuit, filed on August 29, names the state’s attorney general, Kwame Raoul, as the defendant. The plaintiffs, Brad Weisenstein, Dawn Elliot, and Kenny Cook, are seeking Declaratory and Injunctive Relief. They argue that the new law unconstitutionally strips most of the state’s circuit courts of their jurisdiction and challenges the power of the General Assembly. Additionally, they claim that residents of certain counties have an advantage in electing judges to hear these cases, while others do not.

House Bill 3062, which applies to actions brought against the State or its employees, officers, or agents, except for collective bargaining disputes, did not receive any support from House Republicans when it was put to a vote. The lawsuit filed by the Liberty Justice Center highlights the concerns raised by citizens who believe that this law infringes upon their constitutional rights and limits their access to justice.

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Paul Jacobs was first elected to the Illinois House in 2020. A Republican, their legislative experience includes serving on the Tourism Committee and Higher Education. Jacobs is a state representative who resides in Pomona, according to the Illinois House.

Jacobs shared a link to an Illinois Policy article that explained the situation. Three St. Clair county residents retained the services of the Liberty Justice Center, which filed the lawsuit on Aug. 29, 2023, saying “the new law limiting where they may challenge the constitutionality of state laws itself violates the Illinois Constitution by damaging their voting rights and stripping courts of jurisdiction over certain subjects.”
Illinois Policy explained that House Bill 3062 cam e from recent litigation that caused trouble for policymakers, based on COVID-19 restrictions, the gun ban, and the stripping away of cash bail led to temporary restraining orders that held up policies that some considered controversial, and the bill will end venue shopping.
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The filing dated Aug. 29 shows plaintiffs Brad Weisenstein, Dawn Elliot and Kenny Cook are suing Kwame Raoul, the state’s attorney general, and asking for Declaratory and Injunctive Relief. First, the complainants say “HB 3062 unconstitutionally strips all but two of the state’s 25 circuit courts of the subject-matter jurisdiction that Article VI, Section 9 of the Illinois Constitution grants them.” It challenges the General Assembly’s power as well. It says the St. Clair County court is the proper venue because the facts of this case happened, partly, in the county. The lawsuit also notes that residents of Sangamon and Cook counties would be able to elect the judges to hear those cases, while residents of other counties don’t get that chance.
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A June 9, 2023 Week in Review noted that “HB 3062 applies to actions brought against the State or any State employees, officers, or agents acting in an official capacity. The actions must be based on alleged violations of the Constitution of the State of Illinois or the United States. There is an exemption in the legislation for claims arising out of collective bargaining disputes between the State of Illinois and representatives of its employees.”
When the bill came up for a vote no House Republicans voted to pas it.
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