JAN-07-2009 17:25 SC CLERK'S OFFICE CHGO

JAN-07-2009 17:25 SC CLERK'S OFFICE CHGO

American descent. The Mission of the CCBA, as stated in relevant part in its By-Laws is to

take an active interest in legal matters and questions of public policy and promote the

constitutionalrights of man. Moreover, as a trade organization of lawyers, the CCBA has a

strong interest in insuring compliance by state officials to the state and federal constitutions,

our statutorylaws and the court decisions interpreting these laws

2. The Motion for Leave to File a Complaint for Writ of Mandamus filed by Petitioner in

this matter raises an issue of profound significanceto the citizens of the State of lllinois as to

whether a state officer, illinois Secretary of State Jessie White, may refuse to perform a

ministerial duty.

3. The Associated Press reported January 7,2009 that Jessie White himself has

characterizedhis signature as "mostly ceremonial". ~ "Roland Burris, Senate Wi1lSeat

Him: AP Says," The Huffington Post. January 7, 2009

nllo:i !'.\',,\\v.hut1inlltoI1po~hl;.Qmi2009iOii07/roj.and-burri~-sena[c-will n .L?5~95.htmJ

4. The CCBA proposes in its brief to assist the court by providing it with a detailed

survey of the opinions rendered by legal scholars and persons of authority on the questions

that are presented for the court to resolve on an expedited basis.

5. By way of example the CCBA proposes to submit views rendered and published by

such persons as :

1) Robert Bennett, law professor and former Dean, Northwestern University School of

Law, who has stated on this subject that "I assume it is designated as a mere formality

[the requirement of Jessie White's Signature)" and "He's not supposed to make any

judgments about if this is a good appointment or not" "White Refuses to Certify Burris

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JAN-07-2009 17:26 SC CLERK'S OFFICE CHGO.'

~ .

Senate Appointment," Gatehouse News Service. December 31, 2008.

htto:liwww.mari()ndail\..com/s~ ncws/x1621230543/;

2) Erwin Chemerinsky, Dean, Universily of Calitornia h'VineSchooi of Law, who stated

on this subject that "Those who wish to block Blagojevich's appointment are also

mustering a second constitutional argument, citing COIlgt"ess'stated power to decide

"elections" and "returns" of its members. 111eclaim is that Burris was not properiy

selected ,andthus the Senate can exclude him. The problem here is that Burris

Ullquestiouablywas lawfully selected, According to the 17th Amendment [to the

constitution of the United States), "Whenvacancies bappet1in the representation of any

state in the Senate. the executive authority of such state sha.Hissue writs of election to

fill such vacancies.' Illinoi.sJaw gives this power to the state governor, and thai:is

Blagojevich U11tilhe is impeached a.I1dfound guilty.", '~TheLaw Is On Blagojevich's

Side: No Matter What You Think Of Him, The Illinoi.sGovernor's Appointment Of

Roland Burris To The Senate Meet')The Constitutional Test.," Los Angeles Times. OD

Ed, January 6, 2009

http,:/ {~'":N\V.latimes. cotl1/m~ws/opiniol1l.~!.U1neJ1t

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JAN-07-2009 17:26 SC CLERK'S OFFICE CHGO

appointment is proper according to the form.of it So if the governor sends to the

secretary of state a nomination, he is obligated to certify it." "ILLINOIS EX-

GOVERNORWEIGHS IN ON BLAGOJEVICH DECISION," NPR Tmnscriut. All

ThimzsConsidered Se1!1IlentNUMBER 10. December 30, 2008 ; and

4) Former Associate General Counsel of the Federal Communications Commission,

Kenneth Gross, stated Q11tIns subject that "Even on the state level, Democrats seem

fairly hamstrung when it comes to stopping Blagojevich. Secretary of State Jesse White's

office has said it will not certify the Burris appointnient.But, here again, the law may

not be on their side... .it looks to me that it is more or less a perfunctory act." "Roland

Burris Almost Certain To Be Seated, Legal Scholars Say," The Huffington Post.

December 30, 2008.

httQ://www.hufting[OllPostcum/2008/12/30/roland-burris-ha!i-luck-on 11 154322.hlml

6. In sumthe CCBAproposesto submita "Brandeis"Briefsurveyingthe viewsof

these types of legal scholars and noted legal authorities which it submits would be helpful

to the court in making this decision of profound importance to both the citizens of illinois

and the Nation.

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JAN-07-2009 17:26 SC CLERK'S OFFICE CHGO

: .

WHEREFORE, the Cook COWltyBar Association respectfully requests that it be granted

leave to file a amicus curiae brief jn this matter within the time frame scheduled by this Court.

Respectfully submitted,

Stephen StemRoma Stewart39 S. LaSalle Street, Suite 825Chicago,ULL.606033121263.1887

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