ILFC Statement on IL Supreme Court SAFE-T Act decision

Tuesday, July 18, 2023

Springfield, IL – The IL Freedom Caucus is issuing the following statement on the Supreme Court’s ruling to uphold the SAFE-T Act.

“As expected, the partisan Supreme Court ruled with JB Pritzker to uphold the revocation of the cash bail provisions of the SAFE-T Act. This is another example of judicial activism.

Article 1, Section 9 of the Constitution states, ‘all persons SHALL be bailable by sufficient sureties.’ The Illinois Supreme Court contends there is no mandate in the Constitution for cash bail, but the Constitution reads ‘SHALL’ not ‘May.’ The difference between these words is the subject of extensive debate on the floor of the House and Senate. Shall denotes a requirement. May denotes discretion. The Supreme Court has put partisan politics above the law and above common sense. The idea that there is no mandate for cash bail when the word ‘shall’ is clearly used in our Constitution is absurd on its face. The Illinois Supreme Court has failed the people of Illinois and has put the lives of our citizens at risk with this partisan ruling today.”

The Illinois Freedom Caucus is comprised of State Representatives Chris Miller (R-Oakland), chairman; Blaine Wilhour (R-Beecher City), vice-chairman; Adam Niemerg (R-Dieterich); Brad Halbrook (R-Shelbyville); Dan Caulkins (R-Decatur); Jed Davis (R-Newark) and David Friess (R-Red Bud). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.