A Southern Illinois judge has again ruled Gov. JB Pritzker overstepped the bounds of his authority under the state constitution and state law in using emergency powers to issue statewide lockdown orders to combat the COVID-19 pandemic.
The ruling from Judge Michael McHaney was issued July 2 during a hearing in Clay County Circuit Court, and handed a win to State Rep. Darren Bailey, R-Xenia, in his legal challenge to Pritzker’s so-called stay at home orders and other executive orders issued since early April.
“The Court declares Defendant (Pritzker) had no Illinois constitutional authority as Governor to restrict a citizen’s movement or activities and/or forcibly close business premises” in his executive orders, Judge McHaney wrote in his July 2 order.
The order granted Bailey summary judgment in his lawsuit against Pritzker.
"Despite the governor's attempts to move the lawsuit to multiple courtrooms, including a federal court, the rule of law prevailed, and the rights of Illinois citizens were upheld today," Bailey said in a prepared statement issued after the ruling. "This is a good day for accountability."
A spokesperson for Pritzker said the state would appeal the ruling.
"Governor Pritzker will continue to prioritize Illinoisans’ health and safety first, and the people of Illinois have taken extraordinary care to follow health experts’ advice, which is why our state has the lowest positivity rate in the Midwest," said Pritzker spokesperson Emily Bittner in a statement released following the ruling.
Judge McHaney’s ruling is an outlier among the judicial decisions to date in the growing pile of lawsuits filed throughout the state challenging Pritzker’s emergency powers.
As of July 2, judges in both federal and state courts have largely upheld Pritzker’s emergency powers to restrict a host of freedoms and shut down businesses, churches, social gatherings and other activities and organizations statewide, so long as he claims it is required to “save lives” against the COVID-19 pandemic.
The courts have also declined to place any limits so far on the duration of the governor’s emergency powers, either, largely backing his contention he can continue to essentially re-declare a disaster and govern using sweeping emergency executive powers, in 30 day increments.
Bailey’s lawsuit had particularly directly challenged that aspect of Pritzker’s efforts. He argued the Illinois Emergency Management Agency Act had restricted the governor to use of emergency powers for 30 days immediately following the initial disaster declaration. After that, Bailey argued, the governor must secure express approval from the Illinois General Assembly to continue to govern using emergency powers.
Further, Bailey and his attorney, Tom DeVore, argued state law only gives authority to close businesses in response to a health threat to the Illinois Department of Public Health and local county health departments. Under state law, businesses have the right to challenge in court any such action by the health department. To this point, Bailey and DeVore argued, the state has not given anyone the opportunity to contest the blanket actions against all businesses and citizens, throughout the state.
Pritzker and Raoul had worked hard to prevent Judge McHaney from hearing the case.
After Bailey initially won a restraining order in May, Pritzker appealed to both the Illinois Fifth District Appellate Court and the Illinois Supreme Court, seeking to thwart any further challenges to his authority.
After the Illinois Supreme Court declined to step in, Bailey voluntarily surrendered the restraining order, and amended his lawsuit. He then sought a quick summary judgment.
Pritzker and Raoul then sought to transfer the case from Judge McHaney to a judge in Springfield. McHaney denied that request.
The day the state was due to file its response to Bailey’s motion for summary judgment, Pritzker and Raoul moved the case to federal court, asserting that’s where it belonged because the lawsuit accused Pritzker of trampling on Illinoisans’ constitutional rights.
After weeks of trading filings in Southern Illinois District Court, including a filing from the U.S. Justice Department siding with Bailey, a federal judge ruled the case belonged in Clay County court after all.
McHaney then held the hearing on the summary judgment request and ruled in Bailey’s favor, ruling the governor's emergency powers had lapsed on April 8. That, the judge said, means all of Pritzker's emergency executive orders issued since that date, including extensions of the stay at home order and gathering limitations, should be considered void.
Following the ruling, Bailey urged Illinoisans to "live free and responsible," including practicing social distancing and to take precautions regarding the spread of COVID-19.