S CT Justice Burke’s Background, Fairness & Textualist Approach to the Law.

Описание: Descriptive summary: “Public Affairs” show host Jeff Berkowitz, in Part 1 of his 3 part interview with the current IL 2nd District S CT Justice Michael J. Burke (R-Elmhurst), who now is the GOP nominee in the November 8, 2022, election contest for the 3rd Dist. IL S CT seat, focuses on Justice Burke’s extensive qualifications for the S CT, views on why he is and would continue to be a very “fair Justice” on the S CT and views on the current state of IL’s abortion law.

If the GOP wins both the 2nd and 3rd District Supreme Court seats on November 8, 2022 they will have a majority (4-3) on the IL Supreme Court for the first time in 60 years. The 2nd and 3rd IL S CT Districts were both red as of last year, but redistricted by Dems then to be purple. Dems tried to make them both blue but failed in both cases.

Justice Burke was appointed by the IL S CT two years ago to replace retiring Justice Bob Thomas (former Chicago Bears’ kicker) in the 2nd Dist. Burke, who lives in DuPage County, which was in the 2nd District, is running in the 3rd District because the Dems redistricted Burke’s home and all of DuPage County into the 3rd District and Burke didn’t want to move his four decade residence into the new 2nd Dist.

The IL Supreme Court’s 3nd Dist now consists of Bureau, DuPage, Grundy, Iroquois, LaSalle, Kankakee and Will counties. Only IL registered voters in those seven counties can vote or run in the 3rd District S CT election.

Berkowitz discussed Justice Burke’s extensive trial experience with him as a DuPage County Ass’t States Attorney for 9 years and his extensive experience overseeing trials as a DuPage Circuit Court Judge. This extensive trial experience, w/great reviews by the attorneys who appeared before Justice Burke, was cited by him as documenting his qualifications and fairness for being an IL S CT Justice.

Justice Burke said reviews by attorneys who have appeared before him documented his judicial approach as one of applying facts and the law to the issues at hand, not deciding matters by personal opinion or bias.

Burke said he is a devout Catholic who tries to live his life by following the 10 Commandments, the teachings of the bible and the tenets of his faith. But, he does not try to impose his beliefs on any of the parties or attorneys who appear before him as a Judge or Justice.

Burke said under the 2019 IL Reproductive Health Care act, abortion is a fundamental right that women have. But, under the IL law and science, fetuses are viewed as viable 20-22 weeks into a woman’s pregnancy. In such cases, Justice Burke said, a doctor may provide an abortion only if the life or physical, mental or emotional health is at issue. However, Burke said people often refer to IL as allowing for abortion on demand, anytime up to the time a mother delivers.

Justice Burke said the U S S CT’s overthrowing Roe didn’t affect IL’s abortion law, at all. Burke said Dobbs sent the abortion issue back to individual state legislatures. He said Gov Pritzker might try to strengthen IL’s abortion rights and other state legislatures might try to weaken abortion rights.

Justice Burke said a 5-4 majority in Dobbs found Roe’s reasoning faulty and they reversed Roe. He said Chief Justice Roberts would have held the Mississippi statute before the Court as constitutional, under Planned Parenthood, but would not have reversed Roe.

Justice Michael Burke said he is a “Textualist.” If a statute is clear and unambiguous, Burke said judges should apply the provision they are dealing with “As written.” Burke said it doesn’t matter if he would have signed the statute or voted for it. He applies the “Law as written.”

Burke said if a statute is ambiguous or if he is called upon to interpret the law, he tries to glean the legislative intent from the statute.

Burke said the starting point on IL abortion issues is the 2019 IL law, the U S. Constitution and Dobbs.

Next week’s show is: Burke, PART 2.

You can learn more about Justice Burke by going to

https://www.justicemikeburke.com/
FB: JusticeMichaelJBurke
Instagram: JusticeMichaelBurke
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