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Full text for Articles for Yesterday, Tuesday, April 7, 2020 - 3 Articles

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Group calls for quick fixes to Illinois unemployment filing issues
Other
Tuesday, April 7, 2020  |   Article  |   By Kevin Bessler | The Center Square
Governor (44) , Unemployment (93)

(The Center Square) – An Illinois organization is calling on the governor to fix the state’s unemployment filing system.

Many Illinoisans who have tried to file for unemployment have said the state’s website was not working and no one was answering calls.

Kayleen Carlson, the CEO of Illinois Rising Action, said the issues have put some people in a tough spot.

“Obviously this puts individuals that rely on these vital dollars for their groceries and rent puts them in a really bad situation,” Carlson said. “This is something that needs to be remedied basically immediately.”

Last week, Gov. J.B. Pritzker told reporters the state’s unemployment filing system is ten years old and has not been updated. Carlson said that was no excuse.

“You have the governor starting off saying they are going to fix the system and address these issues, and now you have the governor changing his tune and blaming previous administrations for a system that is not working,” Carlson said.

On April 2, the Illinois Department of Employment Security website issued a temporary notice that said: “The online filing and claims application is temporarily unavailable. We are working on the issues and apologize for the inconvenience.”

Since then, IDES has implemented a staggered filing schedule according to a person’s last name.

 


U.S. Chamber asks governors for documentation for essential workers
Other
Tuesday, April 7, 2020  |   Article  |   By Cole Lauterbach | The Center Square
Governor (44)

(The Center Square) – After reports about essential workers being stopped by public health workers or law enforcement, the U.S. Chamber of Commerce is asking governors who have put residents under stay-at-home orders to distribute an official document to show that a worker’s status is essential.

Gov. J.B. Pritzker has already said essential workers in Illinois don't need any documentation.

CNN estimated that more than 90 percent of the U.S. population will be under either a state or local order to stay at home this week. Each state has its own list of businesses and workers that they have been deemed essential and those lists are subject to change. 

Arizona Gov. Doug Ducey narrowed the state’s list of essential businesses last week. 

Without uniformity, the U.S. Chamber of Commerce's recommendation to governors is to provide workers with proof that they’re allowed to go to and from work.

“A local law enforcement official may not be fully-cognizant of who falls under the quarantine order and who does not,” said John Drake, executive director of Supply Chain Policy with the U.S. Chamber of Commerce. “Right now, there’s so much that’s changing on an hour-to-hour basis that is oftentimes difficult for people to keep up with the changing landscape in who is an essential employee and who is not.”

Drake said the Chamber has heard reports of truck drivers delivering medical supplies being turned away and warehouse employees responsible for delivery logistics being told by law enforcement to go home.

“We have heard specific examples of companies who are in logistics, in the trucking space, who are working to deliver critical supplies, doing relief activities, or essential functions who have been turned away by local law enforcement officials because those officials do not understand that there are essential functions that are being performed,” Drake said.

The Chamber wrote a letter to the National Governors Association in March asking the same.

“We urge the nation’s governors to follow a uniform model of documentation to help local leaders and law enforcement officials recognize those essential and critical businesses and their employees,” they wrote. 

Earlier in March, Gov. J.B. Pritzker was asked about if essential Illinois workers needed some sort of documentation from employers. He said that wasn’t necessary.

“Let me be clear, you do not need to have papers or permission from your employer,” he said. “Nobody’s being stopped on the streets unless they are seen to be directly violating the stay-at-home order, in which case, a police officer or somebody else may just ask you ‘please go home or are you, in fact, going to your job or going somewhere that is essential?’ just to encourage people to do the right thing.” 

 


Karmeier dissent in FOID challenge: Majority committed ‘meaningless act’ in remanding White County case
Madison County Record
Tuesday, April 7, 2020  |   Article  |   By The Madison County Record
Guns and Gun Control, FOID, Concealed Carry (46)

SPRINGFIELD – Supreme Court Justices who rejected a constitutional challenge to identification cards for firearms in homes committed “a meaningless and wasteful act,” according to Justice Lloyd Karmeier. 

“Nothing will have been gained,” Karmeier wrote in dissent on April 2. 

“Time will have been lost. Judicial resources will have been wasted.” 

Justice Mary Jane Theis joined the dissent. 

Four Justices found former White County judge Mark Stanley improperly ruled that mandatory cards violated the Second Amendment as applied in homes. 

Stanley dismissed a charge that defendant Vivian Brown broke Firearm Identification Card (FOID) law. 

The Justices didn’t uphold his constitutional ruling, but neither did they reinstate a charge that defendant Vivian Brown broke the card law. 

They remanded the case to White County court with directions to find that the Legislature didn’t intend to require cards for guns in homes. 

“To order the circuit court to enter such an order would be tantamount to compelling it to make a legal determination that none of the parties requested, that the court itself never meant to make, and that would have no chance of being affirmed on appeal,” Karmeier wrote. 

“And when the forced order is ultimately reversed by the appellate court, as the law would require, what will happen? 

“The circuit court will simply enter another order declaring the statute invalid, putting the parties and the litigation in precisely the same position they are now.” 

Stanley won’t deal with it. He retired last year. 

Vivian Brown’s estranged husband set events in motion on March 18, 2017, by telling White County deputies she shot a gun in her home near Carmi. 

Deputies found a Remington .22 caliber single shot bolt action rifle in her room. 

They found no evidence that anyone fired it or any other gun in the home. 

She denied firing it, and others in the home denied hearing shots. 

The state’s attorney filed criminal information, and Brown moved to find the statute unconstitutional. 

She stated that she kept the rifle to defend herself as a law abiding citizen with no criminal record. 

Stanley granted her motion in 2018, finding a requirement to fill out a form, provide a picture, and pay $10 for a card to exercise her right to a firearm in her home violated the Second Amendment. 

He later entered an order finding those who possess firearms must have a card on their persons and that compliance in a home was impossible. 

He wrote that no one could have a card on their person 24 hours each and every day with firearms in the house. 

The Supreme Court granted direct appeal, skipping the appellate court. 

For the majority, the second order provided a reason to reject jurisdiction. 

Chief Justice Anne Burke wrote that when a circuit court provides a basis for relief outside the Constitution, direct appeal cannot lie in the Supreme Court.        

“The court held that the firearm owner identification act did not apply to the act of possessing a firearm in the home as a matter of statutory interpretation and therefore could not apply to defendant,” Burke wrote. 

She wrote that the circuit court must modify its order, “to preserve the state’s right to seek review in the appellate court.” 

Karmeier responded that the majority resolved an issue no one raised and decided it through misapplication of principles they had no reason to discuss. 

He wrote that their theory was never argued in circuit court or Supreme Court. 

“It is an invention of the majority based on a single sentence taken out of context,” Karmeier wrote.

David Sigale of Glen Ellyn represented Brown. 

Attorney General Kwame Raoul represented the state.