Lisa Madigan is challenging 32 of the death row commutations because the convicted did not request clemency.
At its heart, the case tests the breadth of the clemency provision of the state constitution, which gives the chief executive the power to grant reprieves, commutations and pardons "after conviction for all offenses on such terms as he thinks proper."
Madigan is asking the court to rule that Ryan overstepped the bounds of his authority in handing down some of the commutations and to declare them void.
But during arguments on her petition, justices on both sides of the ideological divide asked sharp questions suggesting they may have concerns about doing that.
Chief Justice Mary Ann McMorrow, a Democrat, said the constitution endows the governor with sweeping authority to grant pardons.
"Aren’t you elevating the process over the constitutional broad clemency powers given to the governor?" she asked an attorney for Madigan.
This is a pretty straight-forward fight over separation of powers. Madigan is probably right to challenge the commutations, though on the merits it would appear the Governor has broad latitude.