Illinois Legislative News
The lawsuits over the extent of Governor Pritzker’s authority during a declared disaster continue, with rulings in two cases late last week. In the first case, in federal court, the Illinois Republican Party sued the governor over the 50-person gathering limit, arguing that political parties should be able to hold gatherings of any size, citing their First Amendment rights. The state GOP sought the same treatment that houses of worship received, exempting them from this requirement. After losing the case, the party appealed numerous times, eventually asking Supreme Court Justice Brett Kavanaugh for a temporary restraining order and preliminary injunction from Pritzker’s order, which was denied. The party said it intends to appeal.
In a second case, in state court, the governor lost his case against state Representative Darren Bailey’s attempt to void the state’s Executive Orders. Bailey was previously successful in getting a judge to exempt only him specifically from any subsequent orders beyond the initial Stay-at-Home order, which the representative then re-filed to apply to all the state’s residents. The same Clay County Circuit Court Judge – Michael McHaney – said that all of the governor’s EOs since April 8th are void. Crucially, the judge did not issue an injunction, with the governor’s office stressing that Phase 4 of the reopening plan remains in effect. McHaney’s ruling, which did not address all counts brought by Bailey, also recognized that the “proper authority” to close businesses and limit movements in a public health emergency lies with the Illinois Department of Public Health. The Attorney General’s Office is appealing the ruling, and a hearing in the case is set for July 17th.
