Gov. Blagojevich’s lawsuit to force a House speaker from his own party to hold legislative “special sessions” may be unprecedented, controversial and somewhat embarrassing for the state’s Democrats. But it’s not legally frivolous, experts say.
The Illinois Constitution grants the governor the power to call special sessions, and state law appears to allow him to set the time and date.
Still, the case is a tough one to predict, legal and political experts said, partly because of problems with granting total victory to either side.
If Blagojevich wins, does that mean he can force the General Assembly into special sessions every day? If House Speaker Michael Madigan prevails, can he ignore the special sessions at will?
To Dawn Clark Netsch, a former state senator, comptroller and now a law professor at Northwestern University, “the whole thing is so absurd. This sort of issue should never arise. It’s something that ought to be worked out.”
Former Gov. Jim Edgar, a Republican, said the governor can set the time and date of special sessions and said that he may have set some that lawmakers didn’t like.
To file a lawsuit, “to take that further step,” Edgar said, “I think is just throwing gasoline on the fire.”
Blagojevich filed the lawsuit Aug. 24, asking a Sangamon County judge to affirm his right to set the time and date of special sessions and to block Madigan from excusing members from the sessions and preventing a quorum.
The suit followed months of finger-pointing between Blagojevich and lawmakers, who were angry about being called to Springfield by the governor almost every weekend in July and August.
