Illinois: Judge Rules Governor Lacks the Power to Keep Citizens Under Lockdown!
In response, Republican Representative Darren Bailey won a lawsuit for a restraining order against Governor Pritzker in April, which was granted by the same judge, thus nullifying COVID-19 regulations for Bailey. The Illinois Supreme Court declined to intervene for Pritzker. Bailey then refiled the lawsuit to include all residents and businesses, and Judge McHaney sided with Bailey, nullifying the governor’s executive orders that were issued after the 30-day emergency had expired.
The Illinois Attorney General’s office is expected to appeal. In a separate case, a federal judge ruled in Pritzker’s favor, denying the Republican Party’s request to temporarily block the governor’s limit on gatherings from applying to political parties.
A county judge has ruled Gov. J.B. Pritzker exceeded his authority by extending the state’s public health disaster declaration beyond the first 30 days in response to the coronavirus outbreak.
The impact of Thursday’s ruling by a judge from southern Illinois’ Clay County wasn’t immediately clear as the governor’s office maintains other courts have upheld his orders.
Clay County Judge Michael McHaney ruled that the 30 days of emergency powers provided to the governor by state law lapsed on April 8 and any executive orders afterward related to COVID-19 are void. The ruling said the state constitution did not allow Pritzker “to restrict a citizen’s movement or activities and/or forcibly close business premises.”
The lawsuit was filed by Republican state Rep. Darren Bailey of Xenia, who was removed from a legislative session in May when he refused to wear a face mask.
Additional source:
“Cannot Restrict Freedoms” – Illinois Judge Voids Governor Pritzker’s Coronavirus Lockdown Orders