“Specially Concurring” Justices Rebuke Colleagues in Opinion

Thursday's decision by the Illinois Supreme Court to allow Rahm Emanuel on the ballot in Chicago's mayoral race was unanimous.  But of the seven justices, two of them -- Justices Anne Burke and Charles Freeman -- "specially concurred," and at times took their judicial colleagues to task for using "inflammatory" language.

"We join in the majority's decision to reverse the judgement of the appellate court," they wrote in their opinion.  "We do not, however, agree with the majority's reasoning."

"This is simply not true," they wrote, citing cases which "define residence in terms of domicile plus a permanent abode.  In other words, under these cases, intent alone is not enough to establish residency."

Additionally, Burke and Freeman at times seemed to use language rebuking their law colleagues.

Even though they ultimately agree with Justice Bertina Lampkin, the appellate judge who wrote the dissenting opinion, they said she and the majority in the Supreme Court used "inflammatory statements" that "serve only to damage the integrity of the judiciary."

They wrote: (note: edited for clarity)... 

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