Prosecutor's memo: Pritzker's stay home order may not survive scrutiny in court

Cook County Record ^ | April 24, 2020 | Jonathan Bilyk

[PBRCat]

Courts in Illinois are being asked to weigh in on whether Gov. JB Pritzker and his administration have the legal authority to take a range of actions to respond to the COVID-19 outbreak, including whether the governor had the power to shut down businesses and other organizations for more than 30 days.

In the memo, dated April 21, Robinson indicates the governor’s reliance on the state law known as the Illinois Emergency Management Act falls short under both the law and the constitution.

Pritzker’s actions may violate constitutional rights. Even though those infringements may be “justified” in response to the outbreak of the novel coronavirus that causes COVID-19, Robinson says a court reviewing challenges to the governor’s authority could conclude the constitutional infringements don’t hold up under the legal review standard of “strict scrutiny.” That standard requires necessary infringements of rights to be conducted in a “narrowly tailored” way, using the “least restrictive means” possible.

A statewide stay-at-home order, renewed every 30 days, until the governor decides the emergency has ended, may not survive that standard of review, Robinson said.

He also noted the text of the IEMA Act, cited by the governor when he declared a statewide emergency in early March, expressly limits the governor to the ability to claim broad emergency powers for only 30 days. The text of that law does not expressly authorize the governor to reinstitute the emergency declaration, and claim the powers, in further 30 day increments, as Pritzker has done.

[PBRCat]

The self-proclaimed Supreme Lord and Dictator of Illinois during the COVID-19 pandemic may have violated the law by asserting powers that he does not legally possess. To date, Pritzker has not disclosed the scientific models that he has relied upon in his decision making (possibly relying upon orders from the DNC instead).

[IncPen]

Fatzker and the other governors are holding their states hostage to extort public pension bailouts from the feds.

[preacher]

L8r

[TStro]

Everything that has been done violates our Constitutional Rights to assembly and association.
Now the data shows the rate of death is well under 1%. The tyrants have been exposed. We should sue all of those who have stepped on our rights.

[SkyPilot]

And I need $41 billion in bailout dollars from the Federal government....you can't expect 95,000 retired Illinois pensioners who draw six figures a year to go without, can you?

Illinois Senate Democrats Seek $41B Federal Bailout for Coronavirus Impact

[kelly4c]

bkmk

[SkyPilot]

We should sue all of those who have stepped on our rights.

It's a fool's errand. Corrupt judges will simply throw out our lawsuits, saying we don't "have standing."

[Buckeye McFrog]

Confirmed by my brother’s Democrat State Senator who told him he could not support a bill to scale back out lockdown “because we would lose Federal funds”.

[Regulator]

Whatta freak show

[gunnut]

That is why they have a legislature. It is no longer “an emergency” that can’t addressed by normal legislative action versus one person commanding.

[Salman]

The current order expires April 30.

We'll see what he does after that, but in any case it will still be good to have a legal precedent.

[PBRCat]

Agreed. I am shocked the the Illinois General Assembly has absented itself from performing any of its functions during the pandemic.

The legislature has repeatedly canceled all of its scheduled session days since early March (while the Congress and other legislative bodies have conducted meetings). The Capitol building has been closed to the public since March also, but it is open to legislators and their staffers. Nonetheless, the legislators have not met at all. I have no doubt that they are all drawing their salaries.

[allwrong57]

That’s the game plan exactly!