341 Illinois opinions name it 2 courts 1851–2026 48 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Grecogreen2 sentences2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules.”). ¶ 10 “ ‘[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.’ ” People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. Greco, 204 Ill. 2d 400, 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). 2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules"). ¶ 10 " '[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.' " People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. 3 No. 1-12-3462 Greco, 204 Ill. 2d 400 , 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). | 21 | 27 |
Russell v. Department of Natural Resourcesgreen2 sentences2017“The party challenging a statute carries the burden of rebutting that presumption and ‘clearly establishing’ its unconstitutionality.” Id. (quoting Russell v. Department of National Resources, 183 Ill. 2d 434, 441 (1998)). 2011“The party challenging a statute carries the burden of rebutting that presumption and ‘clearly establishing’ its unconstitutionality.” Id. (quoting Russell v. Department of Natural Resources, 183 Ill. 2d 434, 441 (1998)). | 14 | 28 |
People v. Manessgreen2 sentences2020“Statutes carry a strong presumption of constitutionality, and the party challenging the constitutionality of a statute bears the burden of rebutting this presumption.” People v. Maness, 191 Ill. 2d 478, 483 (2000). ¶ 53 In an analogous context to the case-at-hand, the appellate court concluded that the phrase “contact of an insulting or provoking nature” is not unconstitutionally vague or overboard. 2002"Statutes carry a strong presumption of constitutionality, and the party challenging the constitutionality of a statute bears the burden of rebutting this presumption." People v. Maness, 191 Ill.2d 478, 484 , 247 Ill.Dec. 490 , 732 N.E.2d 545 (2000), citing Russell v. Department of Natural Resources, 183 Ill.2d 434, 441 , 233 Ill.Dec. 782 , 701 N.E.2d 1056 (1998). | 14 | 25 |
People v. Corneliusgreen2 sentences2016People v. Cornelius, 213 Ill. 2d 178, 189 (2004). 2016People v. Cornelius, 213 Ill. 2d 178, 189 (2004). | 14 | 16 |
In Re RCgreen2 sentences2021Id. 2013In re R.C., 195 Ill. 2d 291, 296 (2001); People v. Inghram, 118 Ill. 2d 140, 146 (1987). | 13 | 14 |
Arangold Corp. v. Zehndergreen2 sentences2003Arangold Corp. v. Zehnder, 187 Ill.2d 341, 351 , 240 Ill.Dec. 710 , 718 N.E.2d 191 (1999). 2002The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. *Page 960 Arangold Corp. v. Zehnder , 187 Ill.2d 341 , 351 (1999). | 11 | 22 |
People v. Sypiengreen2 sentences2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules.”). ¶ 10 “ ‘[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.’ ” People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. Greco, 204 Ill. 2d 400, 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). 2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules"). ¶ 10 " '[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.' " People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. 3 No. 1-12-3462 Greco, 204 Ill. 2d 400 , 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). | 10 | 12 |
People v. Wilsongreen2 sentences2023Even disregarding forfeiture, we find Aylissa’s as applied challenge lacks merit. ¶ 81 “All statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a -24- 1-22-0816 constitutional violation.” People v. Wilson, 214 Ill. 2d 394, 398-99 (2005). 2018See People v. Wilson , 214 Ill. 2d 394 , 398-99, 292 Ill.Dec. 887 , 827 N.E.2d 416 (2005) ("All statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation."). | 8 | 9 |
Napleton v. Village of Hinsdalegreen2 sentences2018The plaintiffs present no arguments on the other two issues they raised below: (1) that the Ethics Ordinance interferes with the Illinois Supreme Court’s authority to regulate the practice of law and (2) that the Ethics Ordinance provides the Ethics Board, rather than the state’s attorney, the power to prosecute violations of county ordinances. ¶ 25 Our supreme court has explained: “In construing the validity of a municipal ordinance, the same rules are applied as those which govern the construction of statutes. [Citation.] Statutes are presumed constitutional, and the burden of rebutting that 2014"In construing the validity of a municipal ordinance, the same rules are applied as those which govern the construction of - 13 - No. 1-12-3629 statutes. [Citation.] Statutes are presumed constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. [Citation.] This court has a duty to uphold the constitutionality of a statute when reasonably possible [citation], and, therefore, if a statute's construction is doubtful, a court will resolve the doubt in favor of the statute's validity." Nap | 7 | 19 |
People v. Dinelligreen2 sentences2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules.”). ¶ 10 “ ‘[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.’ ” People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. Greco, 204 Ill. 2d 400, 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). 2014Such an argument may be presented at any time, regardless of a violation of technical waiver rules"). ¶ 10 " '[A]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation.' " People v. Dinelli, 217 Ill. 2d 387, 397 (2005) (quoting People v. 3 No. 1-12-3462 Greco, 204 Ill. 2d 400 , 406 (2003), citing People v. Sypien, 198 Ill. 2d 334, 338 (2001)). | 7 | 7 |
Village of Chatham v. County of Sangamongreen2 sentences2024App. 3d 339, 346 (2002)) and the party challenging the constitutionality of an ordinance has the burden of rebutting the presumption of validity and establishing a constitutional violation by clear and convincing evidence (Village of Chatham v. County of Sangamon, 216 Ill. 2d 402, 419 (2005)). 2023Village of Chatham, 216 Ill. 2d at 417 (the burden of rebutting the presumption of validity rests with the party challenging the -6- No. 1-21-1513 constitutionality; a court should uphold an ordinance’s validity if reasonably possible); O’Donnell v. City of Chicago, 363 Ill. | 5 | 5 |
Tully v. Edgargreen2 sentences2018Louis , 178 Ill. 2d at 412 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ; Tully v. Edgar , 171 Ill. 2d 297 , 304, 215 Ill.Dec. 646 , 664 N.E.2d 43 (1996) ("a presumption of constitutionality"). 2018Louis , 178 Ill. 2d at 412 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ; Tully v. Edgar , 171 Ill. 2d 297 , 304, 215 Ill.Dec. 646 , 664 N.E.2d 43 (1996) ("a presumption of constitutionality"). | 5 | 5 |
Lulay v. Lulaygreen2 sentences2007“Under the rational-basis test, a statute is presumed to be valid, and the party challenging the statute has the burden of proving that the statute is irrational. [Citations.] As long as there is a conceivable basis for finding a rational relationship, the law will be upheld. [Citations.]” People v. Kohrig, 113 Ill. 2d 384, 398 (1986); see also Lulay v. Lulay, 193 Ill. 2d 455, 469 (2000) (holding that a statute is presumed constitutional and that the challenger has the burden of rebutting that presumption). 2001See also Lulay , 193 Ill. 2d at 469 , 739 N.E.2d at 529 (holding that a statute is presumed constitutional and that the challenger has the burden of rebutting that presumption). | 5 | 5 |
City of Chicago v. Pooh Bah Enterprises, Inc.green2 sentences2018Id. 2017Id. | 4 | 8 |
O'BRIEN v. Whitegreen2 sentences2022O’Brien v. White, 219 Ill. 2d 86, 98 (2006). 2012O’Brien v. White, 219 Ill. 2d 86, 98 (2006). | 4 | 4 |
In Re Marriage of Millergreen2 sentences2010In re Marriage of Miller, 227 Ill.2d 185, 195 , 316 Ill.Dec. 225 , 879 N.E.2d 292, 298-99 (2007). 2010In re Marriage of Miller, 227 Ill.2d 185, 195 , 316 Ill.Dec. 225 , 879 N.E.2d 292, 298-99 (2007). | 4 | 4 |
People Ex Rel. Ryan v. World Church of Creatorgreen2 sentences2005Ryan v. World Church of the Creator , 198 Ill. 2d 115, 120 (2001)), and the party challenging the statute has the burden of rebutting that presumption ( Russell v. Department of Natural Resources , 183 Ill. 2d 434, 441 (1998)). 2005Ryan v. World Church of the Creator, 198 Ill. 2d 115, 120 (2001)), and the party challenging the statute has the burden of rebutting that presumption (Russell v. Department of Natural Resources, 183 Ill. 2d 434, 441 (1998)). | 4 | 4 |
People v. Blackorbygreen2 sentences1998See Blackorby , 146 Ill. 2d at 318 . 1998See Blackorby, 146 Ill. 2d at 318 . | 4 | 4 |
People v. Funchesgreen2 sentences2026Therefore, we address only the facial constitutionality of the statute and pass no judgment on whether it was unconstitutionally applied in this case. ¶ 29 Statutes are presumed to be constitutional, and the party challenging the constitutionality of a statute “bears the burden of rebutting this presumption and clearly establishing a constitutional violation.” People v. Funches, 212 Ill. 2d 334, 339 (2004). 2024“The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation.” People v. Funches, 212 Ill. 2d 334, 339 (2004). | 3 | 4 |
People v. Bussegreen2 sentences2025People v. Busse, 2016 IL App (1st) 142941 , ¶¶ 22, 27. ¶ 24 The defendant’s argument amounts to an invitation to reweigh the evidence, which we will not do. 2025See People v. Busse, 2016 IL App (1st) 142941, ¶¶ 22, 27 . ¶ 24 In the present case, the court properly considered the factors in aggravation and did not impose a double enhancement. | 3 | 4 |
| La Salle National Bank v. City of Evanstongreen | 3 | 3 |
Arangold Corp. v. Zehndergreen2 sentences2017“The party challenging a statute carries the burden of rebutting that presumption and ‘clearly establishing’ its unconstitutionality.” Id. (quoting Russell v. Department of National Resources, 183 Ill. 2d 434, 441 (1998)). 2017Arangold Corp. , 204 Ill. 2d at 147 , 272 Ill.Dec. 600 , 787 N.E.2d 786 . ¶ 30 Like statues, ordinances are presumed constitutional, and the opposing party bears the burden of rebutting this presumption. | 2 | 14 |
Best v. Taylor MacHine Worksgreen2 sentences2002Best v. Taylor Machine Works, 179 Ill. 2d 367, 377 , 689 N.E.2d 1057 (1997). 2002Best v. Taylor Machine Works, 179 Ill. 2d 367, 377 , 689 N.E.2d 1057 (1997). | 2 | 6 |
People v. Fullergreen2 sentences2006This presumption means that, if possible, we must construe the statute "so as to affirm its constitutionality and validity." Greco, 204 Ill.2d at 406 , 274 *805 Ill.Dec. 73, 790 N.E.2d 846 , citing People v. Fuller, 187 Ill.2d 1, 10 , 239 Ill.Dec. 582 , 714 N.E.2d 501 (1999). 2006This presumption means that, if possible, we must construe the statute "so as to affirm its constitutionality and validity." Greco, 204 Ill.2d at 406 , 274 *805 Ill.Dec. 73, 790 N.E.2d 846 , citing People v. Fuller, 187 Ill.2d 1, 10 , 239 Ill.Dec. 582 , 714 N.E.2d 501 (1999). | 2 | 4 |
Flynn v. Ryangreen2 sentences2005Flynn , 199 Ill. 2d at 436 ; Nevitt v. Langfelder , 157 Ill. 2d 116, 124 (1993). 2005Flynn, 199 Ill. 2d at 436 ; Nevitt v. Langfelder, 157 Ill. 2d 116, 124 (1993). | 2 | 4 |
| People v. Colemangreen | 2 | 3 |
| General Motors Corp. v. State of Illinois Motor Vehicle Review Boardgreen | 2 | 3 |
| People v. Kimbroughgreen | 2 | 3 |
| Burger v. Lutheran General Hospitalgreen | 2 | 3 |
| People v. Perkinsgreen | 2 | 2 |
| O'DONNELL v. City of Chicagogreen | 2 | 2 |
| People v. Schoosgreen | 2 | 2 |
| People v. Einodergreen | 2 | 2 |
| People v. Schomergreen | 2 | 2 |
| In Re Marriage of Jelinekgreen | 2 | 2 |
| People v. Jonesgreen | 2 | 2 |
| CWIK v. Giannouliasgreen | 2 | 2 |
| Poole v. City of Kankakeegreen | 2 | 2 |
| La Salle National Bank v. County of Cookgreen | 2 | 2 |
| In Re Estate of Jolliffgreen | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Willis
green
2 sentences2018People v. Willis , 2013 IL App (1st) 110233 , ¶ 43, 375 Ill.Dec. 636 , 997 N.E.2d 947 . 2018People v. Willis , 2013 IL App (1st) 110233 , ¶ 43, 375 Ill.Dec. 636 , 997 N.E.2d 947 . | 8 | 2015–2018 |
People v. Addison
green
2 sentences2025Id. 2025Addison, 2023 IL 127119, ¶ 21 . | 7 | 2024–2025 |
People v. Hollins
green
2 sentences2019People v. Hollins , 2012 IL 112754 , ¶ 13, 361 Ill.Dec. 402 , 971 N.E.2d 504 . 2019People v. Hollins , 2012 IL 112754 , ¶ 13, 361 Ill.Dec. 402 , 971 N.E.2d 504 . | 4 | 2018–2019 |
People v. Bochenek
green
2 sentences2025People v. Bochenek, 2021 IL 125889, ¶ 10 . 2023People v. Bochenek, 2021 IL 125889, ¶ 10 . | 3 | 2023–2025 |
In Re JA
green
2 sentences2024In re J.A., 316 Ill. 2023In re J.A., 316 Ill. | 3 | 2023–2024 |
People v. Richard S. (In Re L.J.S.)
green
2 sentences2024“In Illinois, the term ‘depravity’ means an inherent deficiency of moral sense and rectitude. [Citation.] The State shows depravity by establishing that respondent has a deficiency in moral sense and either an inability or an unwillingness to conform to accepted morality.” (Internal quotation marks omitted.) In re L.J.S., 2018 IL App (3d) 180218 , ¶ 18, 115 N.E.3d 1003 . ¶ 22 Once the State makes a prima facie showing of depravity, the burden of rebutting the presumption of depravity rests on the parent. 2024“In Illinois, the term ‘depravity’ means an inherent deficiency of moral sense and rectitude. [Citation.] The State shows depravity by establishing that respondent has a deficiency in moral sense and either an inability or an unwillingness to conform to accepted morality.” (Internal quotation marks omitted.) In re L.J.S., 2018 IL App (3d) 180218 , ¶ 18, 115 N.E.3d 1003 . ¶ 22 Once the State makes a prima facie showing of depravity, the burden of rebutting the presumption of depravity rests on the parent. | 3 | 2023–2024 |
| McElwain v. Office of the Secretary of State green | 3 | 2018–2019 |
| East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel green | 3 | 2018–2018 |
| People v. Lindner green | 3 | 2001–2007 |
| The People v. McCabe green | 3 | 1974–1975 |
| Ricard v. Williams green | 3 | 1851–1881 |
| People v. Huff green | 2 | 2024–2026 |
| People v. Kelly green | 2 | 2022–2023 |
| People v. Aikens green | 2 | 2016–2021 |
| LMP Services, Inc. v. City of Chicago green | 2 | 2019–2020 |
| In re Marriage of Dhillon green | 2 | 2016–2016 |
| Hayashi v. Illinois Department of Financial & Professional Regulation green | 2 | 2015–2015 |
| The Hope Clinic for Women, Ltd. v. Flores green | 2 | 2014–2014 |
| People v. Ross green | 2 | 2011–2011 |
| Allegro Services, Ltd. v. Metropolitan Pier & Exposition Authority green | 2 | 2008–2008 |
| People v. Rodney H. green | 2 | 2007–2007 |
| Allen v. Woodfield Chevrolet, Inc. green | 2 | 2007–2007 |
| In Re Marriage of Orlando green | 2 | 2005–2005 |
| Puffer-Hefty School v. Du Page Regional Bd. green | 2 | 2005–2005 |
| People v. Miller green | 2 | 1982–1984 |
| People v. Holtzman green | 2 | 1977–1977 |
| People v. Sherman green | 2 | 1974–1975 |
| Strickland v. Washington green | 1 | 2026–2026 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.