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Appellate Court Justice and Democratic Illinois Supreme Court candidate Mary K. O’Brien released a new ad Tuesday that makes a baseless claim about the political positions of her Republican opponent, incumbent Justice Michael Burke.

The :30 ad claims Burke, who has served on the Supreme Court since his appointment in 2020, “says he agreed with the decision to overturn Roe” while superimposing “Supports overturning Roe” on the screen.

The claim does not come with a citation, so we asked the O’Brien campaign Tuesday to cite their source. A spokesperson provided the link to a public access TV interview with Burke from July.

In the interview, Burke never claims he supports or agrees with the decision to overturn Roe.

“Running for judicial office…I have to be very circumspect about what I say in a public forum like this as far as my personal beliefs as they relate to issues that may appear before us on the Court,” Burke says in the interview, specifically avoiding stating his personal feelings. “Whether I would have voted for it, or whether I would have signed it as a Governor doesn’t matter.”

In the interview, Burke does accurately say abortion is not an enumerated right in the U.S. Constitution, but does not offer an opinion on whether it should or shouldn’t be.

We followed up with the O’Brien campaign asking where they specifically credit Burke’s statement to and if there was any source where Burke said he “agreed” or “supported” overturning Roe.

An O’Brien campaign spokesperson responded with the following statement:

The stakes in this Illinois Supreme Court race could not be higher. Now that the US Supreme Court has overturned Roe versus Wade, only Illinois law protects a woman’s right to choose in our state. Extremists are hard at work trying to challenge Illinois law.

This Illinois Supreme Court race will decide who controls our courts. Justice Mary Kay O’Brien has been endorsed by the leading pro-choice advocates in Illinois. Mike Burke has made clear that he agrees with the decision to overturn Roe, and he is supported by the same anti-choice groups that are trying to overturn Illinois law protecting that right.

Justice Burke is trying to backtrack, but his position is clear. He has told us where he stands.

In an interview with Jeff Berkowitz posted July 28, 2022, Mike Burke was asked if the majority that overturned Roe were originalists. He said yes, and was then asked if he was an originalist to which he replied, “...I am…That’s the way I view the constitution.”

Burke also said when it comes to the right to choose, there is no enumerated right to privacy in the US or State Constitution.

Of course, the ad doesn’t discuss whether he’s an “originalist” or not or whether abortion is an enumerated right, it claims he “supports” the Dobbs decision.

One Republican insider we spoke to Tuesday was apoplectic after we sent them the ad, stating O’Brien is “lying in an unprecedented way for a judicial candidate.”

The Illinois Republican Party denounced the ad Wednesday morning.

“We call on O’Brien to take down her misleading TV ad and apologize for running a smear campaign against Justice Burke,” said Illinois Republican Party Executive Director Shaun McCabe.

I’m told some Burke-friendly attorneys are considering filing a complaint with the Attorney Registration and Disciplinary Commission (ARDC), which is the disciplinary arm for judges in the state. They could also file a complaint with the Illinois Judicial Inquiry Board, which investigates complaints against active Illinois state court judges.

Burke has been redistricted into the new 3rd District, comprising of DuPage, Will, Kankakee, LaSalle, Grundy, Iroquois, and Bureau counties. O’Brien was a State Representative from the Kankakee area before she was appointed to the Appellate Court in 2003.

Patrick Pfingsten

@pfingstenshow

patrick@theillinoize.com