Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Monday, December 15, 2008

Copies Atty General Motion Papers To Remove Illinois Governor Are Available

As we all know, Lisa Madigan, the Illinois Attorney General has filed an original action in the Supreme Court of Illinois seeking the removal of Governor Blagojevich. Her theory is that the Governor is unable or unfit to serve. A copy of her papers are available here. 
My own view is that AG should not prevail. Why? Because no matter how strong the evidence is, the Governor is presumed innocent. He certainly is able to govern and he is not physically unfit. I used the word "should" purposely because this involves Illinois politics and we may get a political type decision from the Court.
Now, I do not support what the Governor may have done. If the Governor is unwilling to resign, the Legislature should immediately take action to impeach him. If necessary, they should call a special session and get it down if he does not resign.

Mitchell H. Rubinstein 

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