The Federalist Society

Illinois Supreme Court: An Analysis of Recent Trends

White Paper on the Illinois Supreme Court

October 19, 2010

James C. Dunlop, Tara A. Fumerton

 In October 2004, we examined the jurisprudence of the Illinois Supreme Court to discern the Court’s outlook: was this an “activist” court, or one prone to judicial “restraint,” or did it fall somewhere in between? Our overall purpose was to discern whether the Court was exercising a truly judicial function—“to say what the law is”—without regard to outcome, or usurping legislative or executive functions that are the province of those other branches. Today, we revisit our prior analysis by examining some key decisions since 2004 that are illustrative of the Court’s current judicial philosophy.

Related Links

Key Findings: Statewide Survey of 500 Likely Voters in Illinois
Illinois State Courts

Illinois Supreme Court: An Analysis of Recent Trends  


The Federalist Society