Breaking news: Downstate judge orders Pritzker's stay-at-home order lifted

My reports:

LOUISVILLE, Ill. (WTVO) — An Illinois court overturned Gov. JB Pritzker’s stay-at-home order, due to a lawsuit by Rep. Darren Bailey, which says the governor exceeded his authority and is violating the civil rights of Illinois’ residents.

“My lawsuit asks the court to find that Gov. Pritzker overextended his power by issuing additional ‘stay at home’ orders after his original disaster proclamation, which expired on April 9th, 2020,” said Rep. Bailey. “Enough is enough! I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life.”

At Monday’s briefing, Gov. Pritzker responded, saying the stay-at-home order is a matter of life and death, and the ruling has put thousands of people in danger, saying the lawsuit is a direct insult to everyone who has lost loved ones to COVID-19.

Under the ruling, cities could disregard the stay-at-home order and re-open on their own accord.

Pritzker said Illinois’ Attorney General is working to have the ruling overturned and have a stay put in place.

Clay County Circuit Court Judge Michael McHaney’s restraining order to temporarily block the stay-at-home restrictions is set to take effect Friday.

Pritzker at his Monday briefing launched into another off-target attack, promising swift action to overturn the decision.

Reported NBC5:

“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. “Disasters don’t evaporate on a 30-day timeframe. Legislators took this into account when they wrote this law. We will fight this lawsuit to the furthest means possible.
In the interim, we will be issuing new public health directives so we can respond to this public health crisis.”

Again, Pritzker failed to directly address the legal issue. The law clearly states that his order can extend for only 30 days, a deadline that passed earlier this month. The lawsuit was given virtually no chance of succeeding and was virtually ignored by the Chicago media.

Credit for protecting the law and public’s interest goes to Northbrook attorney Michael Ciesla who, to my knowledge, was the first to raise this issue. Read what he had to say in my first post and on his blog.

In reaction to the injunction, Ciesla said: “I am extremely pleased that the rule of law still exists in the State of Illinois. The Court ruled on the merits of the case against the Governor instead of bowing to political pressure.  Today, the Court made clear that the laws of the State of Illinois apply to everyone, including the Governor.” 

My historical novel: Madness: The War of 1812
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  • Now, on to the appellate court.

  • In reply to jnorto:

    Where the Republican dominant. Next to the Supreme Court, where Democrats dominate. Any guesses about what will happen?

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    The law is the law. It's amazing that JB can read the minds of the legislators who passed the law decades ago and see their intentions.

    Also, the Governor's heavy handedness that without his extending this to infinity untold would die reminds me of the typical Democratic tactic on raising taxes. "If this tax increase doesn't go through many will suffer and die in the streets" or "we're doing for the children".

  • The ruling is very narrow: it only applies to Bailey.

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