What the Democrat A.G. is calling for is probably viewed by many as a great short term political fix, but the policy, legal and constitutional implications look to be potentially disastrous.  Everyone understands what’s at play in Illinois, but if the court is allowed to kick an elected official out of executive office using what could only be a subjective standard, the consequences would be disastrous.  In short, if Ms. Madigan’s brief is successful, the judicial branch would ultimately have final say over who fills the legislative and executive branches of government.  From Legal Insurrection:

The Illinois Attorney General has taken what she acknowledges to be an unprecedented step in asking the Illinois Supreme Court to declare a sitting Governor “unable to serve” because of a non-physical “disability.” That “disability” according to the AG is (a) the inability of the Governor to put the interests of the State ahead of his own political interests; (b) accusations of criminal and unethical behavior which have caused other politicians to call on him to resign; (c) operational issues regarding state government caused by the foregoing. This argument is extraordinarily weak, and for grading purposes, is not well presented.

The AG argues that the term “disability” is “unambiguous,” yet spends several pages struggling to come up with a definition which helps her. The AG takes this position because, as the AG acknowledges, the legislative history is not favorable to her interpretation of the term.

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