Caro v. Whitaker, Case No. 06 CH 06527, filed in Circuit Court,
Chancery Division, Cook County, IL., on April 3, 2006.
This taxpayer action challenges the constitutionality and
validity of a $10 million stem cell grant program which was
not authorized by the Illinois Legislature. When the
Legislature failed to act on bills to create a new state funded
Institute which would make such grants, the Governor issued
an Executive Order directing the Illinois Department of Public
Health to use $10 million appropriated for scientific research
to establish the institute and make the grants. The action
seeks to have the Court determine whether this by-passing
of the legislative process is constitutional and, if not, to
enjoin the Department's issuing of such grants and recover
moneys distributed.
Restitution of Unconstitutional Grant
The State has no legitimate interest in making an unconstitutional or illegal
expenditure of public funds. Notwithstanding, the Executive Branch's efforts
have been to make the grant payments before the constitutional and legal
issues are resolved regardless of whether the Constitution or the laws of
the State would be violated. What a shame!
The court papers include:
In The Circuit Court
Petition
The Complaint
Memorandum of Law
State's Opposition
Reply
Circuit Court's Oral Decision
Notice of Appeal
Amended Complaint
Renewed Motion For TRO & Preliminary Injunction
State's 2d Dismissal Motion & Opposition to Injunctive Relief
Reply to State's Dismissal & Opposition
Letter to Grantees
Circuit Court's Second Oral Decision
IN THE APPELLATE COURT
APPELLANT'S BRIEF ON THE APPEAL
Chancery Division, Cook County, IL., on April 3, 2006.
This taxpayer action challenges the constitutionality and
validity of a $10 million stem cell grant program which was
not authorized by the Illinois Legislature. When the
Legislature failed to act on bills to create a new state funded
Institute which would make such grants, the Governor issued
an Executive Order directing the Illinois Department of Public
Health to use $10 million appropriated for scientific research
to establish the institute and make the grants. The action
seeks to have the Court determine whether this by-passing
of the legislative process is constitutional and, if not, to
enjoin the Department's issuing of such grants and recover
moneys distributed.
Restitution of Unconstitutional Grant
The State has no legitimate interest in making an unconstitutional or illegal
expenditure of public funds. Notwithstanding, the Executive Branch's efforts
have been to make the grant payments before the constitutional and legal
issues are resolved regardless of whether the Constitution or the laws of
the State would be violated. What a shame!
The court papers include:
In The Circuit Court
Petition
The Complaint
Memorandum of Law
State's Opposition
Reply
Circuit Court's Oral Decision
Notice of Appeal
Amended Complaint
Renewed Motion For TRO & Preliminary Injunction
State's 2d Dismissal Motion & Opposition to Injunctive Relief
Reply to State's Dismissal & Opposition
Letter to Grantees
Circuit Court's Second Oral Decision
IN THE APPELLATE COURT
APPELLANT'S BRIEF ON THE APPEAL
THE WHITAKER TAXPAYER ACTION
State's Appellee Brief
See also Caro v. Blagojevich Pages.
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