Illinois Supreme Court Rejects Burris's Writ

By Marcus Gilmer in News on Jan 9, 2009 7:17PM

The Illinois Supreme Court has rejected Roland Burris's writ of mandamus to force Illinois Secretary of State Jesse White to sign paperwork making Burris's appointment to the U.S. Senate official. While U.S. Senate leaders have said the lack of a signature is the reason they won't seat Burris, White himself has already said that his refusal to sign is purely symbolic and not legally required. The State Supreme Court agreed.

Because the secretary of state had no duty ... to sign and affix the state seal to the document issued by the governor appointing Roland Burris to the United States Senate, petitioners are not entitled to an order from this court requiring the secretary to perform those acts. Under the secretary of state act, the secretary's sole responsibility was to register the appointment, which he did.

What effect this has on Burris's appointment is anyone's guess as Senate Leader Harry Reid had set the Supreme Court clearance as a stipulation to seat Burris but, again, White's signature is not legally required. Read the Court's opinion here [PDF].