Illinois
Illinois Democrats have bold words for Trump. What action can they take?
Illinois Democrats are positioning themselves as a firewall against President Donald Trump, who hasn’t been shy about his disdain for the state.
Gov. JB Pritzker, who has publicly traded barbs with the president, went viral after last week’s State of the State speech when he drew parallels between Trump’s recent executive actions and the rise of the Nazi party in Germany.
Illinois Democratic state lawmakers haven’t been pulling any punches either.
In early February, House Speaker Emanuel “Chris” Welch, D-Hillside, called Trump a “fascist” during a floor debate in which state representatives introduced nonbinding resolutions condemning the Trump White House for targeting DEI initiatives and pardoning those involved in the Jan. 6, 2021, U.S. Capitol riots. Members on the other side of the aisle had already walked out of the House chambers in protest.
“They couldn’t stay and do their jobs and speak out against fascism,” Welch said. “But we’re here. The Democratic caucus is here. We will resist, we will fight.”
Despite bold promises like these from Illinois Democrats, constitutional law experts said the state can only push back so far against the president. Illinois lawmakers have the power to allocate state dollars to state programs they want to protect but find themselves limited otherwise.
Federal law takes precedence
Steven Schwinn, a constitutional law professor at the University of Illinois Chicago, said it boils down to the powers outlined in the U.S. Constitution’s Supremacy Clause, which says that, in general, federal law takes precedence over conflicting state laws.
“When the federal government and the state government clash in certain instances, it’s the federal government that will be supreme over the states,” Schwinn said.
Schwinn said that states have some room to adopt their own practices, thanks to the 10th Amendment, which says that if a power is not granted to the federal government by the U.S. Constitution, it’s reserved to the states.
An example of this would be the Illinois State Board of Education setting curriculum guidelines for Illinois public schools. The state has the right to create those guidelines because that right was not given to the federal government in the Constitution.
Sanctuary city laws are another example of this. In 2017, during the first Trump administration, Illinois lawmakers passed the TRUST Act, which limits cooperation between local law enforcement and federal immigration agents. Democratic lawmakers are looking to expand on it during the spring legislative session, while Cook County and the city of Chicago have mirroring policies.
Signs warning of ICE being in the area this Monday and Tuesday were found along Devon Avenue in the West Ridge neighborhood, Monday, Jan. 27, 2025.
Tyler Pasciak LaRiviere/Sun-Times
The U.S. Department of Justice filed a lawsuit earlier this month against the state, Cook County and the city of Chicago, arguing these policies are “making it more difficult for, and deliberately impeding, federal immigration officers’ ability to carry out their responsibilities.”
State Attorney General Kwame Raoul, in a statement to WBEZ, invoked the 10th Amendment, saying Illinois has the right to opt out of “federal attempts to commandeer state law enforcement resources to perform the federal government’s job.”
Schwinn said he’s skeptical the DOJ’s argument will hold up in the courts, thanks to the 10th Amendment.
“[The federal government] can’t tell the state of Illinois, for example, that it must enact such and such law, or that an Illinois officer must help the government enforce law,” Schwinn said. “[That] violates federalism principles that are well embedded in our constitutional jurisprudence and that it just can’t do that.”
Using budgets to push back
Illinois Democrats have another weapon in fighting against Trump’s agenda: the state budget. Each state has the right to allocate funds generated by state taxes, but states also administer federal funds.
Pritzker has vowed to use that power — and the upcoming budget — to combat what his office has dubbed the “Trump tax on working families.”
“Each year, there’s some difficulty that requires us to work hard to overcome it,” Pritzker said during his address. “This year, the surfacing difficulty is Donald Trump’s and Elon Musk’s plan to steal Illinois’ tax dollars and deny our citizens the protection and services they need.”
Pritzker’s $55.2 billion proposed spending plan for the upcoming fiscal year — a $2 billion increase from this year — allocates money to medical debt relief and scholarships for students attending Illinois colleges and universities.
The governor is also calling on the legislature to, among other things, allocate funds to increase access to abortion services on college campuses and lower the cost of prescription drugs. Pritzker also sent a letter to the White House Office of Management and Budget earlier this week, urging the office to release nearly $2 billion in federal funds, which the governor said have been cut off by the Trump administration.
Federal workers and their supporters rally in Federal Plaza in the Loop to protest the Trump administration’s firings of employees at U.S. EPA Region 5 and other federal agencies with offices in Chicago, Tuesday, Feb. 18, 2025.
Pritzker’s moves follow the Trump administration’s attempts to freeze all federal funding to state agencies and programs. While their attempts have thus far been blocked in the federal courts, the president remains determined to slash funding for medical research through the National Institutes of Health and shutter agencies like the Department of Education.
Nadav Shoked, a Northwestern law professor specializing in local government law, said it’s normal to see the federal government “pressure” states by offering funding for certain programs on the condition that they adopt policies related to that program. The problem arises, he said, when the federal government withholds money as a means to force the state into compliance.
“You could have a federalism issue — that is to say, federal intervention with state powers in an unconstitutional manner,” Shoked said. “That’s a high bar to clear.”
The other problem, Shoked said, is related to checks and balances. Congress holds the authority to decide how federal money is spent and what conditions to impose on certain programs. Shoked said this time around, the Trump administration seems to be issuing executive actions that are pushing the envelope.
“Not all of it will stick,” Shoked said. “But you can’t win the lottery without buying a ticket. So, from their perspective, it’s costless to try.”
Ultimately, Schwinn and Shoked agreed Illinois lawmakers have recourse to ensure the state’s fiscal house is in order and reflective of residents’ wishes.
Mawa Iqbal covers state government and politics for WBEZ and Illinois Public Radio. Follow her on X at @mawa_iqbal.
Illinois
Weather service assessing damage across Iowa, Illinois and Missouri
The National Weather Service has teams of storm surveryors in the field April 18 investigating several reports of severe storms and tornado touch downs across eastern Iowa, northwest Illinois and northeast Missouri.
According to the weather service’s website, windgusts of up to 60 to 70 mph along with teacup-sized hail and several tornadoes were reported April 17.
Many homes and outbuildings were damaged, trees were uprooted and power lines were downed in Lena, Illinois, where the most significant damage occurred, the site pointed out.
Very strong winds also were reported near Washington, Iowa, and Colmar, Illinois, where several outbuildings and grain bins were destroyed.
The weather service received reports of confirmed and possible tornadoes in the areas of Lena, Pecatonica, Shirland, Rockton, Roscoe and Capron.
The teams will be assessing damage this weekend into next week along with county emergency management teams to determine what types of storms occurred and their paths.
Dozens of power outages were reported, as well.
As of the afternoon of April 18, ComEd was reporting 85 active power outages across northern Illinois, down from 241 on April 17, and 6,751 customers affected, down from more than 18,000.
The bulk of those outages and the most customers impacted are concentrated in Jo Daviess and Stephenson counties.
Illinois
5 tornadoes confirmed in Illinois from Friday’s storms
Freeze Watch
from MON 12:00 AM CDT until MON 9:00 AM CDT, Lake County, Kankakee County, La Salle County, DuPage County, Northern Will County, DeKalb County, Southern Will County, Kendall County, Southern Cook County, Northern Cook County, Grundy County, Eastern Will County, Kane County, McHenry County, Lake County, Newton County, Jasper County, Porter County
Illinois
‘Credit card chaos’? Financial institutions bet big on repeal of first-of-its-kind Illinois law
“Credit cards may not work for sales tax or tips starting July 1.”
By now, you’ve heard that claim, but whether it’s true depends on who you ask.
The ads — funded by the Electronic Payments Coalition of banks, credit unions and card companies — argue that Illinois lawmakers must repeal the state’s first-in-the-nation Interchange Fee Prohibition Act, slated to take effect July 1. That law prohibits financial institutions from charging “swipe,” or interchange, fees on the tax and tip portions of consumer bills and bans them from making up the fees elsewhere.
If it’s not repealed? “Credit card chaos” may ensue, the ads warn.
While the financial institutions are quick to cite a list of things that could hypothetically happen if the law isn’t repealed, it’s harder to pin down what’s being done and by who to comply with the law two years after it was signed.
“The global payment system is not set up to where any one party to a transaction can make this happen on their own,” Ashley Sharp, of the Illinois Credit Union Association said at a Capitol news conference Wednesday. “There are multiple parties to every electronic transaction.”
The financial institutions are adamant that the global payment system as it exists today can’t discern the difference between tax, tips and total, and it would need to be retooled at a heavy cost to banks, card companies, merchants, point-of-sale companies and more.
Instead of complying, they say, the card companies could decide to stop serving Illinois or drastically alter the way the consumer interacts with merchants at the point of sale.
An alternate reality
But as with all matters in Springfield, there’s another big-monied and powerful group on the other side of the issue. The Illinois Retail Merchants Association says the credit card companies already track all the information they need, and it’s a “complete fabrication” to say that it would take more than a mere coding change to implement the state law.
Take your restaurant receipt, for example.
“You have the subtotal, the sales tax, the tip, if it’s applicable, and then the grand total, right? All they have to do is move their fee from the grand total to the subtotal,” Rob Karr, president of IRMA, said.
While card networks operate in over 200 countries with as many different laws, they say the only information the card processors ask for in any of them is the grand total. The receipt example, they say, erroneously conflates the point of sale with the actual processing of payments.
In short, the two sides present starkly different realities — a muddying of the water that’s not uncommon at the Capitol.
But there is one concrete truth: The financial institutions have a lot to lose, and not just in Illinois.
The tax and tip prohibition would shave approximately 10% off the revenue that banks and credit unions receive from retailers via interchange fees — a transfer of wealth likely to number in the hundreds of millions. It would also create massive noncompliance fines.
And then there’s the issue of precedent. The banks challenged the law but lost in court. Absent a successful appeal, the remaining battlefields would be other state legislatures.
If the card companies implement Illinois’ law, they’d be providing a blueprint for states across the nation to emulate — driving potential revenue loss into the billions.
Thus far, Ben Jackson of the Illinois Bankers Association said, it hasn’t opened the floodgates, although some 30 states are considering similar action.
Still, it’s no wonder then, that the Electronic Payments Coalition has pulled out all the stops in its seven-figure ad campaign to repeal the law.
How we got here
To fully understand the ongoing slugfest between banks and retailers, you have to go back to May 2024.
But first, an explanation of interchange fees. Each time a shopper swipes their credit or debit card, it sets off a complicated string of payments between banks. The retailer’s bank pays an “interchange fee,” typically around 1% to 2% of the transaction cost, to the consumer’s bank. The fees include both a set amount and a percentage of the transaction, but the credit card companies, namely Visa and Mastercard, control how they’re calculated.
The financial institutions say interchange fees help fund credit card reward programs and security upgrades and provide compensation for bearing the risk of fraud. The hit to interchange revenue, Jackson said, would inevitably lessen reward program offerings. Sharp said credit unions, as not-for-profit cooperatives, use the revenue to offer lower rates to customers.
But the fees have long drawn the ire of retailers and small businesses, which sometimes pass the costs directly to consumers via a surcharge on bills.
It comes down to this: The retailers don’t think they should have to pay a fee on the tax and tip portion of a transaction that they don’t keep. And the financial institutions say if they’re handling those funds, they should be compensated for doing so via interchange fees.
As for the Illinois law’s passage, it was, as the ads claim, tucked into the budget two years ago, giving little time for the bankers et al to mount an opposition campaign.
Gov. JB Pritzker and lawmakers agreed to raise about $101 million in revenue to plug a budget hole by putting a $1,000 monthly cap on the “retailer’s exemption,” a tax break retailers claim for being the state’s de facto sales tax collectors.
But the retailers weren’t going to take that lying down, and IRMA successfully lobbied for the long-sought tax and tip exemption.
After the law passed, the financial institutions quickly sued.
To avoid uncertainty as the case played out, lawmakers delayed the measure’s effective date from July 1 last year to the same date this year.
U.S. District Judge Virginia Kendall ultimately determined in February that Illinois is within its right to regulate the fees. She partially rejected a portion of the law that prohibited banks from sharing certain data, which the credit unions say creates different rules for different institutions and further uncertainty.
The case is now pending appeal, and the legislative process is starting anew.
This time, the financial institutions have mounted a dual front in the court of public opinion.
The cost of compliance
Karr estimated the prohibition would bring in “north of $200 million” for retailers — essentially letting them pocket that sum instead of transferring it to the banks. A study by the Electronic Payments Coalition pegged the number at $118 million, estimating that about 40% of the interchange windfall would go to the 40 largest retailers.
Even so, Karr said, the largest retailers are subject to the $1,000 monthly retailer exemption cap that accompanied the swipe fee ban, while smaller retailers don’t reach that mark. Add in their cut on reimbursed swipe fees, and it amounts to what Karr calls “the largest small business relief that Illinois has ever passed.”
But Jackson argued the cost of retailers complying could eat up any benefits for smaller retailers.
As for compliance, Kendall wrote in her February opinion that “It is an open question whether the transaction process could adapt to the impact of the IFPA in time.”
“The Interchange Fee Provision is indisputably disruptive, requiring additional investments, hires, and new procedures to replace the current process for authorizing and settling debit and credit card transactions,” she wrote.
The financial institutions argue it can’t all be done by July 1. Kendall said the parties involved know what’s required of them.
“But those procedural changes are the product of an ecosystem built by Payment Card Networks and financial institutions to facilitate consumer transactions,” she wrote. “And these entities understand the onus of IFPA compliance is on them.”
Per the coalition, compliance “would require coordination across the industry and regulators worldwide,” including with the International Organization for Standardization. It would also require more data collection, creating privacy concerns, they say.
Those global changes would require testing and certification of new equipment. Depending on their card companies or point-of-sale vendors, retailers may need to invest in new equipment, software and training.
Banks and credit unions may also have to add staff to process rebates under the law. It allows retailers or their processing companies to petition their financial institutions for reimbursement on fees charged on tax and tips within 180 days of a transaction.
If financial institutions don’t comply within 30 days, the law provides for civil penalties of $1,000 per each transaction — and hundreds of millions of these transactions happen annually.
So will that chaos come to fruition?
Instead of complying, according to the coalition’s literature, the card companies could just stop processing cards altogether in Illinois. They could also stop processing tax and tip portions or require two separate swipes for the subtotal and the tax and tip portion of bills.
Such claims aren’t uncommon in the legislature’s annual adjournment push.
Sports betting companies, for example, threatened to leave Illinois when the state raised its gambling taxes in the same budget cycle that yielded the interchange fee prohibition two years ago. Instead, they adapted, because Illinois has a lot of bettors — and there’s even more card users.
Karr accused the coalition of ulterior motives in their use of hypothetical language.
“There is no need for chaos,” he said. “The only chaos is if the credit card companies impose it themselves on their consumers.”
Ultimately, lawmakers will have to weigh how compelling the arguments are, if the courts don’t intervene first.
It’s possible that the 7th Circuit appellate court — or even the U.S. Supreme Court — gives the banks a win. But oral arguments are slated for May 13, meaning the appellate court might not rule by the time the law is slated to take effect.
Adding a new wrinkle on Wednesday, the federal office of the Comptroller of the Currency, a subset of the U.S. Treasury Department, appeared poised to issue an order preempting Illinois’ law. It hadn’t been published as of late Wednesday, making its impact unclear.
“While the office has failed to explain their reasoning or allow public review, it’s clear the goal is an end-run around the legal process after a judge recently upheld the law,” Karr said.
As for the legislative prospects, state Rep. Margaret Croke, D-Chicago, says she’s seen enough to be concerned. The Democratic nominee for comptroller is sponsoring a bill to fully repeal Illinois’ interchange fee prohibition.
But as of last week, she said she wasn’t planning to move it. Instead, she finds it more likely that lawmakers once again delay the law’s implementation.
“If this is a policy that the state of Illinois decides they’re going to want to have, then we need to make sure we’re doing it properly,” she said.
___
This story was originally published by Capitol News Illinois and distributed through a partnership with The Associated Press.
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