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Eye On Illinois: North Carolina opinion eventually will echo here, if only faintly

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Eye On Illinois: North Carolina opinion eventually will echo here, if only faintly


With the caveat that I’m neither a judge nor a lawyer, Tuesday’s U.S. Supreme Court ruling on a North Carolina redistricting case could eventually echo in Illinois.

Prairie Staters are no strangers to litigation over political maps, the most recent case ending in December 2021 when a panel of federal judges essentially said they couldn’t overturn Democrats’ new maps on grounds of racial discrimination – allegedly suppressing the chances of Black and Latino candidates – because the party was so brazen in attempts to boost its own 2022 chances, and that type of gerrymandering remains legal.

“Although there is debate about how to achieve the guarantees of the Voting Rights Act,” the panel wrote, “one thing is clear: A federal court is not the arbiter of that dispute unless plaintiffs carry their burden to prove that an elected legislature’s approach violates the law.”

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The federal judges not only declined to undo Illinois law, they also acknowledged the narrow 2016 Illinois Supreme Court ruling that removed from the statewide ballot a constitutional amendment question on election reform, placed on the strength of more than 500,000 petition signatures.

“These are matters for the people of Illinois to continue debating,” the judges wrote. “Levers other than federal courts are available to them, whether they are state statutes, state constitutions, and even entreaties to Congress, if they wish to change the current process.”

“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”

—  U.S. Supreme Court Chief Justice John Roberts

Chief Justice John Roberts, in Tuesday’s 6-3 opinion regarding North Carolina, wrote that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”

The Associated Press, citing the Brennan Center for Justice at the New York University School of Law, said the North Carolina case put at stake more than 170 state constitutional provisions and more than 650 different state laws that delegate authority on election policy to state and local officials, including thousands of rules covering issues as narrow as polling place locations.

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That reality highlights the macro issue: it’s almost certain Congress would never establish nationwide, uniform protocol for every elected office. As such, local and state election officials who have to administer many more ballots than just the Congressional and presidential tickets focus on basic logistics and policies whether the issue is the White House or a community college board vacancy.

So while it’s certainly interesting and important to parse things like Tuesday’s opinion, and encouraging to see both liberal and conservative justices refuse to erase state courts’ power to stop lawmakers from violating their own state constitutions, the reality is we’re going to be dealing with this and similar election-related issues in perpetuity.

Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.





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Illinois

ProJourn expands to provide Illinois journalists with pro bono legal help

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ProJourn expands to provide Illinois journalists with pro bono legal help


The Reporters Committee for Freedom of the Press announced today that it will expand its ProJourn program to journalists and newsrooms in Illinois. ProJourn currently assists journalists with public records access in California, Georgia, New York, North Carolina, Texas, and Washington, as well as with pre-publication review and business-related legal needs nationwide.

“We are thrilled to expand ProJourn to Illinois, where there is growing momentum in support of nonprofit newsrooms and independent journalists delivering exceptional investigative reporting,” said ProJourn Director Flavie Fuentes. “As a program that proactively supports newsrooms serving historically marginalized communities, including those whose first language is not English, we look forward to supporting Illinois’ ethnic media and providing crucial legal assistance to all local journalists.”

Among the initial law firms partnering with ProJourn that have offices in Illinois are Akerman and Davis Wright Tremaine.

Since the program was piloted by Microsoft and Davis Wright Tremaine in 2020 and 2021, ProJourn has provided free legal support for more than a hundred local journalists and news organizations, filling a critical, growing need. 

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Operated since 2021 by the Reporters Committee, with a generous investment from the John S. and James L. Knight Foundation, ProJourn unites law firms and corporate in-house counsel to help with pre-publication review, public records access, and business legal needs — adding capacity to the Reporters Committee’s existing efforts, including the organization’s litigation program and Local Legal Initiative, and the Free Expression Legal Network, a national network of law school clinics.

In 2023, attorneys working with ProJourn logged nearly 2,500 pro bono hours supporting local journalists and newsrooms. In Vallejo, California, for example, ProJourn helped the nonprofit newsroom Open Vallejo obtain public records that paved the way for its groundbreaking local journalism that exposed how city officials intentionally destroyed key evidence related to police shootings.  

“ProJourn has been absolutely transformative to our work,” Open Vallejo Executive Editor Geoffrey King told the Reporters Committee at the time. “It’s important to have powerful allies in the fight for truth.”

Last year, attorneys working with ProJourn also vetted 45 stories before publication, handled 25 public records matters, and led 14 trainings — including several in Spanish — teaching journalists everything from how to access public records to how to mitigate legal risks before publishing.

For more information on ProJourn, visit rcfp.org/projourn.

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Massive sinkhole opens at soccer field in downstate Illinois

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Massive sinkhole opens at soccer field in downstate Illinois


A park in Alton, Illinois, closed on Wednesday after a giant sinkhole opened up in the middle of a soccer field.

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Footage captured by 618 Drone Service shows the large hole, estimated to be around 100 feet wide in the turf at Gordon Moore Park.

The sinkhole, which formed at around 10 am on Wednesday, was the result of a mine collapsing, local media reported.

“The New Frontier Materials underground mine in Alton, IL today experienced a surface subsidence and opened a sink hole at Gordon Moore City Park,” a spokesperson from the mine said.

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Nobody was on the field at the time of the collapse or hurt, Alton Mayor David Goins told local media.

All scheduled events at the park were cancelled on Wednesday and Thursday as investigations continued.



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How Illinois soybean farmers deal with the effects of climate change

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How Illinois soybean farmers deal with the effects of climate change


WATERMAN, Ill. (CBS) – Illinois is the top grower of soybeans in the U.S., most of which is used to feed the chicken and beef eaten by consumers, but climate change is affecting local farmers and may end up affecting what shoppers pay at the store.

About an hour west of Chicago, the pace is a little slower in DeKalb County, where Ryan Frieders, a seventh-generation farmer, and his family grow crops on about 2,400 acres, an area about 10 times the size of Millennium Park.

“We have some of the best soils in the world,” Frieders said.

And no one watches the weather more closely than a farmer.

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“Honestly, I think I have five different weather apps on my phone, and I probably check them over a dozen times a day,” he said.

The land has been in the Frieders’ family for 60 years, and Ryan’s father, Ronald, lives just a few miles down the road.

“I graduated in 1970 and basically walked out of high school and started farming with my folks,” said Ronald Frieders.

The elder Frieders said that weather has “always been a challenge,” but it seems that challenge is getting more extreme.

“Everything’s changing it seems like, the temperatures are getting hotter than normal, the water levels are lower than normal,” Ronald said.

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Ryan added they’re faced with longer periods of a lack of rain, or what might be called a “flash drought.” Sometimes, they’re faced with more rain than usual, which could delay the planting of their crops.

“It affects our entire year of the farm,” Ryan said.

The changes are all consistent with the Fifth National Climate Assessment’s expectations for Midwest agriculture in a warming world, which include:

  • “Excessive spring rain delaying planting.”
  • “Rapid transitions between flood and drought.”
  • “Warmer temperatures stressing crops.”

Ronald said 2021 was the most difficult harvest that he’s ever experienced.

“Our crops were flattened,” he said.

That came about due to worsening thunderstorm wind damage, which is also linked to climate change in a new study. Ryan said the changes in weather patterns and their effect on crops also has an affect on the farm’s income.

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Michael Langemeier, a professor of agriculture economics at Purdue University, said the weather changes are something farmers are discussing more and more.

“I don’t know if it’s directly impacting what the consumers pay to a large degree, yet,” Langemeier said.

He and his team have surveyed 400 farmers nationwide. He asked farmers about how worried they were about the changing weather patterns, and about 25% said they were either “very worried” or “fairly worried.”

“I thought that was a relatively high percent,” Langemeier said.

He added the farmers didn’t talk much about what those changes might be attributed to, “They just talk about it as different, and we’ve got to think about how we’re going to respond to these changes.”

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Ryan said it might be difficult to understand how glaciers melting at the earth’s poles affect their farm, “but then you see things happening that aren’t the same as they used to be, and you tend to wonder if the things are more related than you ever thought they were.”

The Frieders farm installed solar panels to lower their carbon footprint and has made changes to their operation in response to the changes in the weather.

Data from the Illinois Soybean Association show that crop yield has not changed significantly over the last decade.



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