JUDGE v. QUINN

No. 09-2219.

612 F.3d 537 (2010)

Gerald A. JUDGE and David Kindler, Plaintiffs-Appellants, v. Pat QUINN, Governor of the State of Illinois, and Roland W. Burris, U.S. Senator, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 2010.


Attorney(s) appearing for the Case

Martin J. Oberman, Attorney, Michael P. Prsoon, Despres, Schwartz & Geoghegan, Chicago, IL, for Plaintiffs-Appellants.

Brett E. Legner, Attorney, Michael A. Scodro, Attorney, Office of the Attorney General, Philip S. Holloway, Attorney, Gonzalez, Saggio & Harlan, Chicago, IL, Robert R. Furnier, Attorney, Gonzalez, Saggio & Harlan, Cincinnati, OH, for Defendants-Appellees.

Before ROVNER, WOOD, and TINDER, Circuit Judges.


WOOD, Circuit Judge.

Constitutional specialists and U.S. history buffs will recall that the original Constitution of 1787 took a cautious approach toward the election of public officials. It interposed the Electoral College between the voters and the President, U.S. CONST. art. II, § 1, and it provided that each state's two senators would be chosen by the state legislature, U.S. CONST. art. I, § 3. "Judges of the supreme Court" were to be appointed by the...

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