They want pardons because they have trouble finding and holding jobs, and they have to tell employers, if the employers ask, that they are felons ... though having a criminal record does reducer a person's job opportunities by impairing his reputation for god character, reputation is not a property or liberty interest withing the meaning of the due process clause of the federal Constitution.Posner also argues Illinois statutes do not "create a requirement of prompt" or "any action" by the governor in a clemency petition. Instead, the State statutes simply describe "the sequence of procedures" in the clemency process. Finally, he wonders what a "reasonable" time for deciding on a clemency application would be? Posner concludes:
Executive clemency is a classic example of unreviewable executive direction because it is one of the traditional royal prerogatives [borrowed] by republican government for bestowal on the head of government. [We] therefore balk at the idea of federal judges setting timetables for action on clemency petitions by state governors. [Federal] courts have run prisons, school systems. police and fire departments and other state and local agencies found to have engaged in unconstitutional conduct. But for a federal court to run a governor's pardon system would be a step too far.