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Empire star Jussie Smollett has been working hard to have the new charges against him thrown out by a judge -- but the Illinois Supreme Court has rejected that request.

According to several reports, Smollett's attorneys are arguing that Cook County Circuit Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor.

Last year, Smollett was charged with 16 counts of disorderly conduct, but the charges were soon abruptly dropped. Special prosecutor Dan Webb was called in to review the case and re-charged Smollett with six counts of the same charges, to which he pleaded not guilty last week.

 Webb alleges that Smollett “planned and participated in a staged crime attack,” and then “made numerous false statements … reporting a heinous hate crime that he, in fact, knew had not occurred,” Webb said in news release.

Smollett has always denied the charges against him.