Exclusive: Pritzker's Covid-19 orders no longer exist. Period.

You can have that Fourth of July barbecue after all.

Gov. J.B. Pritzker, the media and politicians, ignoring a new court order ending the governor's  Covid-19 regulations, act as if nothing has changed. As if you still must obey, obey, obey.

But according to this legal analysis by Northbrook attorney Michael Ciesla, "The Governor’s COVID-1no9 Executive Orders Do Not Exist. End of Story", Illinoisans no longer have to obey any of the orders. His analysis concludes: 

 Simply put, it means that as of this moment, all restrictions on citizens and businesses are lifted.  Masks are no longer required, social distancing is not required, restaurants can open to 100% indoor capacity without social distancing and gatherings of over 50 people are legal.

The Court also declared that Pritzker had no Illinois constitutional authority to issue stay-at-home orders or close businesses.

Michael Ciesla

Michael Ciesla

Clay County (Illinois) Circuit Judge Michael McHaney ruled that state law does not permit Pritzker to extend his excessively strict orders for more than 30 days, and because that window closed  April 8. The suit was filed by  state Rep. Darren Bailey (R-Xenia).

Amazingly, it looks like few, if anyone (outside of Downstate Illinois) are taking Judge McHaney's order seriously. As if a state judge has no jurisdiction to rule on laws and regulations that affect Upstate Illinois, especially the Democratic bastions of Chicago and Cook County.

 Emily Bittner, Pritzker's spokesman, asserted that  order is not final and has no immediate impact because it didn't include an injunction barring the State from enforcing the Governor’s phase four rules. 

But, as Ciesla explains, no injunction is necessary to effectuate the ruling.

The case was brought as a chancery case.  Plaintiffs in chancery cases seek remedies that are non-monetary such as injunctions or, in this case, a declaration of the legality of executive orders.  The Court declared that all of the Governor’s executive orders regarding COVID-19 are void as of April 8, 2020.  Such declaration is the final say of the Circuit Court of Illinois.  No injunction is needed as the Order simply erased the COVID-19 executive orders.  If a citizen or a business acts in defiance of the now void executive orders and law enforcement or a government agency seeks to punish such action, then it would be proper for the person or business would seek an injunction to bar enforcement of the executive orders.

In  other words, Illinois has become just like Wisconsin, whose Supreme Court nullified one and all pandemic orders issued by its governor, Tony Evers.

Free at last.

Comments

Leave a comment
  • Thank goodness we are free from government oppression. BTW, I was checking for your post about the government overreach that expressed itself in, for example, police firing on citizens sitting on their porch.

    Should I keep looking? Or is that one coming soon?

  • The Barbershop is dispensing shaky legal advice once again.

  • fb_avatar

    Don't celebrate just yet. The Democrats control the state Supreme Court, so this ruling will be overturned for sure.

  • In reply to euclid2119:

    It will probably be overturned by the Republican 5th District Appellate Court even before then.

  • In reply to jnorto:

    By Ed Burke's politicized courts.

  • In reply to Dennis Byrne:

    Chicago alderman Ed. Burke controls the Fifth District Appellate Court, which sits in Mt. Vernon, deep in Republican Illinois?

  • Absolutely don't understand why this is good news. You were bragging about Florida back in May and look at them now? Have you had anyone close to you die yet? I have; maybe this would change your mind. It isn't the flu, it's a real terrifying illness. Talk to Nick Corder's wife. She may disagree with you as well.

  • You haven't updated us on Covid 19 Deaths in Illinois compared to Florida lately, so I'll do it for you:

    July 9
    Illinois: 20
    Florida: 119

    July 8
    Illinois: 36
    Florida: 49

    July 7
    Illinois: 37
    Florida: 63

    July 6
    Illinois: 6
    Florida: 46

    July 5
    Illinois: 6
    Florida: 29

    July 4
    Illinois: 9
    Florida: 17

    July 3
    Illinois: 27
    Florida: 68

    July 2
    Illinois: 36
    Florida: 64

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