Posted on 04/28/2020 7:45:47 AM PDT by PBRCat
On Monday, an Illinois county judge granted a temporary restraining order against Democratic Governor J.B. Pritzker's 30-day extension of his statewide stay-at-home order. The judge's decision said that Pritzker's extension effectively "shredded the Constitution," overstepping his power as governor.
Darren Bailey, the plaintiff who had requested the court to issue the restraining order... argued that while state law allows the governor to declare a disaster for 30 days, the law doesn't explicitly say whether a governor can extend such a declaration or issue a concurrent one when the original is set to expire.
While Pritzker asserts that precedent allows for governors to do this, McHaney agreed with Bailey, saying that Pritzker's extension was unconstitutional. The ruling now allows other Illinois residents to either join Bailey's lawsuit or file their own.
"What's going on is actually that our governor, JB Pritzker, is threatening the very constitutionality of the land that we live in by taking actions on himself," Bailey said. He added that the state's Pandemic Influenza Preparedness and Response Plan should've determined community responses for the coronavirus epidemic rather than the governor trying to issue concurrent emergency declarations."
"The legislators—the House and Senate—have also been asleep during this whole time in just allowing, I don't know, fear, panic—allowing this governor to do as he wishes," Bailey added, promising to pursue the issue legislatively if he ultimately suffers a legal defeat.
Newsweek has reached out to Governor Pritzker's office for comment. It had not responded by the time of publication.
(Excerpt) Read more at newsweek.com ...
“Pritzker’s extension effectively “shredded the Constitution,”
...and?
Another Illinois politician had already shredded it.
With the help of the GOP.
It was called Usurpation Day when BOTH parties swore in a Kenyan/British subject as President in direct violation of the Constitution.
We are seriously considering joining this lawsuit.
L
Hey...it runs in the state. “CHARTER OF NEGATIVE LIBERTIES” Barry ALERT! (Ask not, what your country can do for you. Ask, what your country can do to you.)
PSYCHOPATH 1) Face 2) Words 3) Deeds...the complete package.
When the State shuts down millions of private businesses but doesn’t lay off a single government employee, it’s not about your health.
When the State bans dentists because its unsafe, but deems an abortion visit is safe, it’s not about your health.
When the State prevents you from buying cucumber seeds because it’s dangerous, but allows personal lottery ticket sales, it’s not about your health.
When the State tells you it’s dangerous to go golf alone, fish alone or be in a motor boat alone, but the Governor can get his stage make-up done, and hair done for 5 TV appearances a week, it’s not about your health.
When the state puts you IN a jail cell for walking in a park with your child because it’s too dangerous but lets criminals OUT of jail cells for their health- It’s not about YOUR health!
When the state tells you it’s too dangerous to get treated by a doctor for chiropractic or physical therapy treatments yet deems a liquor store essential- It’s not about your health!
When the State lets you go to the grocery store or hardware store but is demanding mail-in voting, ITS NOT ABOUT YOUR HEALTH.
If you think this is all about your health you’re mistaken!
Yes! This is great news. People have got to challenge these little tyrants.
Do it! That’s the only way this insanity will stop.
BOOM!
BUMP!
Governor Fred Flintstone has never read the Constitution. He makes up the rules on a daily basis.
Don’t forget Putzker is a multi-billionaire who has never worked a day in his miserable life.
BUMP!
Nothing about this is about our health. It’s the most massive government overreach in the history of the planet and it must be stopped.
The prevailing narrative around CHI is that this judge ruled for the plaintive only and this doesn’t apply state-wide, so Porky Jelly Belly Pritzker’s order is still in effect.
That is the best summary of our absurd situation I’ve seen yet. Thanks for posting!
One would hope that Fred Flintstone read the Constitution.
Pritzker is supposed to be an educated attorney. Of course, he bought the naming rights to the law school (Northwestern University), so maybe he was socially promoted. If this deal was anything like his purchasing the Illinois governor’s office, however, he may not have bothered to take Con Law.
And, the one guy who sued, won. He gets liberty. The rest of the people, well, nope, not for them. They just have a shredded constitution. ROTFL.
We get to see the underbelly of the law in all this, too.
There are actully scores of lawsuits but the press doesn’t report on them.
Mostly the stay home orders are upheld by the judges. When there is some sort of “accomodation,” the accomodation is pretty much a token or joke.
Clay County Circuit Court Judge Michael McHaney
McHaney’s order said Pritzker was prohibited “from in any way enforcing the March 20 executive order against Darren Bailey forcing him to isolate and quarantine in his home.”
“Representative Bailey’s decision to go to the courts is an insult to all Illinoisans who have been lost during this COVID-19 crisis. It’s a danger to millions of people who might get ill because of his recklessness,” Pritzker said Monday.
Governor is appealing the decision. The governor will win on appeal.
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