Fearless prediction: Justice Tailor will be slated for the Theis vacancy on the Illinois Supreme Court in 2028

Disclaimer: This essay contains a prediction. I don't usually make predictions, because, if I really could predict the future, I'd wait until the Powerball jackpot got large, buy one ticket, and really retire. Retire in style. And, besides, past performance is not indicative of future results, etc., etc.

On the other hand, one of the things that makes us human is our ability to discern patterns. Successful pattern recognition was vital to the evolution of our species: Our remote ancestors, back in Africa, learned to recognize which subtle noise in the brush was a stalking predator, and which noise was just the night breeze. (The ones who couldn't figure out which was which didn't get the opportunity to become our ancestors.) Nowadays we still try and find patterns in our surroundings. We're always trying to 'connect the dots.' If you are inclined to agree with the person who suggests a pattern of some sort, you may hail him or her as a pundit... if you disagree, you might revile that person as a conspiracy theorist.

Have I adequately managed your expectations yet?

Gosh, I hope so.

Anyway, turning to the case of Justice Sanjay T. Tailor: The Order elevating Tailor specifies that he "is appointed to the Supreme Court of Illinois to the position currently held by the Honorable Mary Jane Theis." Contrast this with the language of the 2022 Order which put Justice Tailor on the Appellate Court: "[T]he Honorable Sanjay T. Tailor, Judge of the Circuit Court of Cook County, is assigned to duty in the Appellate Court of Illinois, First District."

While assigned to the Appellate Court, under the terms of the Supreme Court's 2022 Order, Justice Tailor remained a Circuit Court judge. He could be returned to that court whenever the Supreme Court decided to end his assignment. But now? Justice Tailor is being appointed to the Supreme Court. Come January 30, his 9th Subcircuit seat will be vacant. To remain on the bench in any capacity, Justice Tailor will have to stand for election.

So... presumably... he is running for the Supreme Court.

It doesn't have to be that way; he might choose not to run and simply retire when his appointment ends. Service on the State's highest court, even for only a couple of years, would be a great way to conclude a career. And, in Justice Tailor's case, such a meteoric rise: He was not exactly an overnight sensation, given that he served as an associate judge for roughtly 17 years prior to his appointment to a countywide vacancy in late 2020. But, following that appointment? He ascended through the ranks very rapidly indeed. FWIW readers will recall that Tailor did not run for the countywide vacancy to which he was appointed. Instead, he sought a 9th Subcircuit vacancy -- running unopposed in the 2022 primary. He received his appointment to the Appellate Court before his actual election (he was also unopposed on the November 2022 ballot).

FWIW readers may recall the case of Justice Caswell Crebs. Crebs hailed from Carmi, in White County, Illinois. He was elected a Circuit Judge in the far Downstate 2nd Circuit in 1945. He retired in 1964. In 1969, the Supreme Court called Crebs out of retirement to fill the 5th District vacancy created by the death of Justice Byron O. House. Crebs didn't run for the vacancy; it was subsequently filled by Justice Joseph H. Goldenhersh. Crebs did such a good job of not running for that vacancy that, in 1975, when a Second District vacancy opened up, following the resignation of Justice Charles H. Davis, the Supreme Court invited Crebs back. He did not run for that vacancy either (Justice Thomas H. Moran was elected to fill that seat).

It is possible that Justice Tailor may be following the Caswell Crebs career path.

But I wouldn't bet on it. It is probably significant that the Supreme Court announced Tailor's appointment simultaneously with the news of Justice Theis's resignation. Justice Theis began her career on the Supreme Court pursuant to an interim appointment in 2010; this was announced at the same time as the Court announced the retirement of Justice Thomas R. Fitzgerald. Theis was subsequently slated by the Cook County Democratic Party and won election in her own right in 2012.

In 2018, when Justice Charles E. Freeman retired from the Illinois Supreme Court, the appointment of Justice P. Scott Neville, Jr. was announced at the same time. Justice Neville (now Chief Justice Neville) was subsequently slated by the Cook County Democratic Party and elected in his own right in 2020. Justice Anne Burke retired in 2022; Justice Joy V. Cunningham was appointed as Burke's interim replacement immediately thereafter. Cunningham was thereafter slated by the Cook County Democratic Party and won election in 2024.

I think that's a pattern.

Therefore, while I can't prove it, and certainly no one told me, I suspect that the Supreme Court and Justice Tailor at least a nodding expectation that the Cook County Democratic Party will slate Tailor for the 2028 primary.

Whether Tailor runs or not, of course, there will be a contested primary for the Theis vacancy in 2028. I don't need be cautious in making that prediction.