Court Will Hear Rahm's Case

The Illinois Supreme Court will consider Rahm Emanuel's appeal.

Earlier today, the court granted Emanuel a partial stay, putting him back on the mayoral ballot. Now judges will hear his case.

There will be no oral arguments, only the same briefs as heard by the Illinois Appellate Court, sources say.

"It has never happened before," says Burt Odelson, attorney for Emanuel challengers. Odelson says he's done election law for 30 years and has never seen judges not take new briefs.  

Ballots are being printed today, so today's court order granting Emanuel's partial stay came just in time.

According to the order, “Board of Election is directed that if any ballots are printed while this court is considering the case the ballots should include the name of petitioner Rahm Emanuel as a candidate for the mayor of City of Chicago."

Emanuel's lawyers filed an emergency appeal with the Illinois Supreme Court after an Illinois Appellate Court residency decision on Monday booted him off the ballot. 

The Illinois Supreme Court hasn't agreed to hear the appeal just yet, though. "That part of the motion requesting expedited consideration of the petition for leave to appeal remains pending,” according to the order.

Odelson reacted to the decision saying he believes the court's action today suggests it will likely hear the case.

"I'm not happy. But it's just one more piece of the puzzle."

Emanuel spokesman Ben Labolt echoed that saying, "This is an important first step in ensuring that voters are not disenfranchised and that they ultimately get to choose the next Mayor of Chicago."

Earlier today, President Barack Obama top political adviser Valerie Jarrett said that the president thinks Rahm Emanuel belongs back on the ballot.

“I think that [Obama] believes that [Emanuel] is eligible, and that he believes that Rahm will pursue his appeal in the courts,” Jarrett, a senior adviser to Obama and fellow Chicagoan said on ABC’s “Good Morning America.”

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