The Illinois Supreme Court’s decision on Tuesday to uphold the elimination of cash bail marked a sweeping win for Gov. J.B. Pritzker and many progressive Democrats who argued that change was needed in a system where violent offenders could buy their way out of jail — while the poor awaited trial behind bars.

The decision comes eight months after Pritzker resoundingly defeated Republican Darren Bailey in the gubernatorial election, as the former state senator and downstate farmer railed on the Democratic governor’s criminal justice policies.

It also became fodder in the Chicago mayoral election, as now-Mayor Brandon Johnson supported the elimination of cash bail and his opponent Paul Vallas said it will allow people charged with violent crimes or previous convictions to get back on the streets.

The Democratic governor has also been able to sign into legislation several progressive measures, including an assault weapons ban passed by a Democratic supermajority in both the Illinois House and Senate — with the loudest pushback coming in court challenges.

Five of the seven Illinois Supreme Court justices were elected as Democrats — with Pritzker last year dipping into a trust fund to help boost two Democrats running for the state Supreme Court. Both ultimately won.

In its decision, the state Supreme Court said cash bail would end in Illinois on Sept. 18.

Sponsors of the initial measure argued that the elimination of cash bail would put judges’ focus on a criminal defendant’s risk assessment, as opposed to “whether they have access to cash” in determining if they should be held in jail while awaiting trial. 

Many Republicans argued it would put violent offenders back on the streets and would not protect victims. Illinois state’s attorneys and sheriffs also challenged the law in courts.

A short statement from Pritzker — who has been in the United Kingdom on a trade mission since last week — belied the months of pummeling he and other Democrats weathered on the campaign trail last year from Republicans who tried, and mostly failed, to rally votes around on the issue.

“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail,” Pritzker said. “We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail.”

Democrats were quick to hail the Supreme Court’s decision — and sponsors and supporters of the measure, including Cook County State’s Attorney Kim Foxx, planned to speak about the decision during a Zoom press conference Tuesday.

Foxx, who announced earlier this year that she won’t seek a third term in the 2024 election, issued a statement ahead of the conference lauding the pending implementation of the law “despite numerous misinformation campaigns and many other legal challenges.”

“Today’s ruling ends the cash bail system, replacing that system with a detention process based on community safety and not on the financial fitness of defendants,” Foxx said. “Everyone deserves a fair shot at justice, regardless of their zip code, paycheck, or the color of their skin.”

Ashlee Rezin/Sun-Times

State Sen. Elgie Sims Jr., D-Chicago, one of the chief sponsors of the controversial legislation, said the cash bail system “places an undue burden on people accused of crime and in and of itself does not adequately make our communities safe.” 

“Illinois continues to show the rest of the nation that monumental change is possible to make the criminal legal system fair, equitable and just for all,” Sims said in a statement. “While we celebrate today’s outcome, our work continues.” 

State Sen. Robert Peters, another Chicago Democrat who championed the legislation, said in a statement that he was “extremely proud that our state’s highest court is prioritizing public safety over wealth.”

He also anticipated “backlash and calls for the reinstatement of a cash bail system.”

“Let me be clear: cash bail delegitimizes criminal justice systems and transforms them into systems that violate public safety instead of upholding it,” Peters said. “Illinois will not go back. We will only move forward with our goal of ensuring public safety for all Illinoisans, regardless of their background or financial position.” 

Pat Nabong/Sun-Times

While the Illinois Republican Party and other key Republicans in the state did not immediately respond to the decision, Illinois Senate Republican Leader John Curran, R-Downers Grove, said it warranted a special session to address key concerns within the SAFE-T Act before the no-cash bail element goes into effect.

“While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime,” Curran said in a statement. “It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”

Other top Illinois Dems roundly hailed the decision.  

Cook County Board President Toni Preckwinkle celebrated “a historic victory for justice across Illinois.”

“By ending money bond, we have taken a significant step forward in dismantling a system that disproportionately impacts our Black and Brown communities,” Preckwinkle said in a statement. “Today’s ruling is a true testament to the tireless efforts of our criminal justice offices, advocacy groups, and community stakeholders who have been tremendous advocates in this fight.”

Illinois Attorney General Kwame Raoul, the Democrat whose office argued the case in favor of SAFE-T before the Supreme Court, said he was “pleased – although not surprised,” that it was ruled constitutional. 

“Attorneys from my office have spent many months defending the SAFE-T Act’s constitutionality in courtrooms throughout Illinois against meritless challenges,” Raoul said in a statement. “I am proud of their dedication and appreciate their service to the people of Illinois.”

Anthony Vazquez/Sun-Times

Illinois House Speaker Emanuel “Chris” Welch, D-Hillside, said the state’s high court “upheld the legislature’s promise to create a more equitable and fair criminal justice system — a system that can now better protect victims and will no longer allow violent offenders to buy their way out of jail.”

“Today’s decision is a win for the people of this state, but also for our democracy,” Welch said. “Our state’s highest court rightfully ruled that frivolous lawsuits cannot and will not stop the legislative process.”

State Senate President Don Harmon said the decision “culminates a long and challenging journey toward fundamental fairness in our legal system that would ensure the accused stay behind bars because they are dangerous, not because they lack dollars in their pockets.

“The unjust foundations of our society were not built quickly and they will not be dismantled with ease,” the Oak Park Democrat said in a statement. “But we have taken a great step forward today, and I look forward to the road ahead.” 

Illinois Democratic Party Chair Lisa Hernandez called it “a victory in the fight for a fairer criminal justice system.”

“For too long, our pretrial detention system has prioritized wealth over public safety, and ending cash bail in Illinois is crucial to ending unjust criminalization of poverty. I’m grateful to the governor and attorney general for their unwavering commitment to building a more equitable Illinois for all,” Hernandez said in a statement.

Lt. Gov. Juliana Stratton said the decision was “a major step in the right direction on our journey to justice. 

“All along, our goal has been to right the wrongs of policies that have disproportionately harmed Black, Brown and low-income Illinoisans while, at the same time, bolstering public safety by building a system that centers on accountability and fairness,” Stratton said in a statement. “We have made great strides, and we are forging ahead.”