Split decision in COVID-19 rulings: Pritzker beats GOP in federal case but loses in downstate county challenge

Chicago Sun Times ^ | 7/02/2020 | Tina Sfondeles

[stars & stripes forever]

downstate judge has ruled in favor of a Republican legislator in his lawsuit against Gov. J.B. Pritzker over whether the Democratic governor exceeded his legal authority in issuing a stay-at-home order in March to fight the COVID-19 pandemic.

Just hours earlier, Pritzker notched a win in federal court against the Illinois Republican Party, which sued the governor claiming he violated the GOP’s constitutional rights to assemble during the coronavirus outbreak.

In the downstate lawsuit, state Rep. Darren Bailey, R-Xenia, and his attorneys fought hard to keep it in state court. And Clay County Judge Michael McHaney ruled in favor of the legislator. The ruling will be appealed.

According to the order, the judge ruled that the 30-days of emergency powers provided under the Illinois Emergency Management Agency Act lapsed on April 8 and any executive orders in effect after that date relating to COVID-19 are void.

It also grants Bailey’s request that his complaint “be a representative action and apply to all citizens of the State of Illinois.” But according to the governor’s office, that provision cannot apply statewide since other circuits have ruled the opposite, and those rulings are just as valid.

The judge ruled that neither the state constitution nor the emergency management act allows Pritzker “to restrict a citizen’s movement or activities and/or forcibly close business premises.”

[stars & stripes forever]

Bailey in a tweet shortly after the order was given wrote, “Illinois is Open! Live Responsible!”

[FlipWilson]

The thing that judges, whoever they are, can or explain is why it was ok for BLM to gather em masse and not anyone otherwise politically opposed to BLM?

They can issue rulings about churches and political party gatherings until they are blue in the face but their motives are now laid bare. BLM unintentionally laid those motives BARE.

COVID is no more than an excuse to silence political opposition and destroy our economy in an election year. No more.

[wjr123]

Fat, stupid and democrat. Welcome to Illinois.

[oldtech]

Maybe something similar to our electoral college system needs to be set up for state elections.

[kiryandil]

In the downstate lawsuit, state Rep. Darren Bailey, R-Xenia, and his attorneys fought hard to keep it in state court.

And keeping it away from the likes of U.S. District Court Judge Sara L. Ellis [D-ClownBammy], who ruled for her political party, the Democrats, and against the Illinois Republicans...