Today, Illinois Attorney General Lisa Madigan today filed an “unprecedented legal attack against a sitting Illinois governor,” taking initial steps to ask the state Supreme Court to declare Gov. Blagojevich unfit to serve:
Madigan filed paperwork with the state high court this morning, invoking what is known as Rule 382 that would ask justices to rule on “the ability of the governor to serve.” Madigan is seeking a temporary restraining order or preliminary injunction, urging the state high court to oust Gov. Blagojevich “due to disability.”
“Before this court reaches a final decision on the merits of this action or otherwise determines that such disability has been removed, Mr. Blagojevich should be temporarily and preliminarily enjoined from acting as governor because his continued occupation of that office could irreparably damage the state’s interests,” states the motion.
“We still think that it is imperative for the Legislature to make a decision and hopefully proceed with impeachment proceedings,” the attorney general said.