Judge v. Quinn

Dist. Ct. did not err in granting plaintiffs’ request for permanent injunction requiring State of Illinois to hold special election for remaining two months of President Obama’s U.S. Senate seat currently held by Sen. Burris, who was appointed to serve as Obama’s temporary replacement, and limiting candidates for special election to same candidates running for position in general election. Ct. held that Dist. Ct. took sound and practical approach to preserving plaintiffs’ 17th Amendment rights, even though permanent injunction effectively precluded Sen. Burris from being candidate in special election. Ct. also rejected Burris’ contention that permanent injunction improperly: (1) concerned nonjusticiable political question; (2) invaded exclusive province of Ill. state legislature to establish procedure for conducting special elections; and (3) interfered with his constitutional right of access to ballot.