Capitol Fax.com - Your Illinois News Radar » *** UPDATED x7 *** Pritzker: “This ruling has put the people of Illinois at risk”
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*** UPDATED x7 *** Pritzker: “This ruling has put the people of Illinois at risk”

Monday, Apr 27, 2020 - Posted by Rich Miller

*** UPDATE 1 *** Some clarity…


…Adding… If you look at Bailey’s complaint, he only asked that the restrictions be lifted on himself. Which shows you how much of a grandstanding move this was.

*** UPDATE 2 *** Pritzker’s chief of staff…


*** UPDATE 3 *** This judge sounds like a real treat…


*** UPDATE 4 *** More…


*** UPDATE 5 *** Speaker Madigan has been almost totally silent in the last several weeks, but he issued this statement today…

Like Governor Pritzker, I find Representative Bailey’s lawsuit to be extremely reckless, at a time we can least afford it. The governor’s actions have consistently reflected an understanding that, as we face this crisis, we must be guided by what is right – not what is easy, comfortable or expedient. Clearly, we cannot say the same for all the leaders of our state.

It is my sincere hope that upon further review, this decision is reversed, and that our health care workers, first responders and loved ones are not unnecessarily subjected to added risk by such a short-sighted lawsuit.

*** UPDATE 6 *** Leader Durkin…

Today’s ruling is the first regarding the Governors authority from his Executive Orders during this time of pandemic. I expect a quick appeal to the higher courts as this is a case of first impression and one that needs to be dealt with on an expedited basis. We will be following the case closely as it progresses.

*** UPDATE 7 *** The governor’s office says the attorney general’s office filed the notice of appeal tonight and the brief is due Wednesday.

Also, from Senate President Don Harmon…

Today’s ruling doesn’t change the fact that nearly 2,000 Illinoisans have died from this disease in recent weeks and thousands more remain hospitalized, struggling to maintain their health. I would appeal to everyone’s common sense. A dangerous, highly infectious virus is loose in our communities. You have stayed inside and practiced social distancing because you know it’s the right thing to do. You’ve done it because you care about your family, friends and neighbors. Today’s ruling doesn’t change any of that. This virus isn’t paying attention to judicial orders.

Please, be patient, recognize the dangers and keep following the advice of our medical professionals and public health experts.

Rep. Darren Bailey…

Clay County Chief Circuit Judge Michael D. McHaney ruled in favor of State Rep. Darren Bailey’s challenge to Governor J.B. Pritizker’s statewide ‘stay at home’ order during a Monday court hearing, granting Bailey a temporary restraining order that only covers the Representative. However, Bailey says he will continue to push the issue and hold the Governor responsible to the public health laws already on the books.

“Our governor has acted as if he knows best, but he does not know what’s best for all 12 million residents in our state,” said Bailey (R-Xenia). “We have a mechanism in place through the Illinois Department of Public Health; and how to act during a pandemic was laid out many years ago, long before J.B. Pritzker came to office. I’ve asked him since day one to respect local governments throughout the state and he’s refused, but I believe this lawsuit is the mechanism by which ‘we the people’ will be allowed to govern ourselves as our constitution demands.”

Bailey’s attorney Tom DeVore said Illinois has had a pandemic/influenza response plan in place for many years, a plan approved by the Illinois legislature, that is a 120-page guide that covers the current COVID-19 situation.

“It’s called the state of Illinois Department of Public Health Pandemic/Influenza Preparedness and Response Plan,” said DeVore. “It’s a law promulgated by the legislative branch that lays out how the Department of Public Health is to manage these types of pandemics. It’s very detailed. It’s working now. I’ve talked to my county health department and they use this plan now. It’s very effective and more importantly it contains due process within the law for individuals pertaining to a quarantine.”

“The comments by Judge McHaney make it clear in my opinion that the governor or the legislative leaders could have called us back into session to debate and clarify the emergency powers, but they have not done so. The U.S. Congress has met using common sense distancing and even local city councils and county boards have been meeting with the use of technology like Zoom. The only other option at this point to ensure the checks and balances of power in Illinois are through the courts,” added Bailey.

Bailey argued that under state law, Pritzker could not extend his first executive order beyond 30 days. Another court hearing on a permanent injunction is expected within 30 days.

Mayor Lightfoot…

Today’s ruling is troubling and wrong. I understand that the State Attorney General’s office will appeal this ruling, which we support. One of the many problems with this ill-advised opinion is that it will destroy the collective progress we have made, giving Illinoisans the wrong impression that we have beaten the COVID-19 pandemic. Let me remind everyone that the Governor’s Stay at Home Order has played a crucial role in our data-driven, robust response to COVID-19. In fact, recently published City data has shown that staying at home and limiting human interaction is one of the major reasons why Chicago is beginning to see the flattening of the curve. And let me be clear, this does not mean that we can, nor should, return to our normal day-to-day lives, in fact it means the opposite. Continued compliance will be needed to keep flattening the curve and ultimately lead to a decrease in cases. Contrary to what this ruling suggests, we must all be in this together, and only through cooperation and collaboration can we contain and limit the effects of the virus.

I applaud and unequivocally support Governor Pritzker’s actions to extend the Stay at Home order to protect all Illinois residents. Nothing about today’s ruling will change the City’s intention to continue imposing the Stay at Home restrictions. We need this effort to keep all Chicagoans safe and healthy, and we will stay the course.

[ *** End Of Updates *** ]

* The governor was just asked a question about Rep. Bailey’s lawsuit: Governor, a judge just ruled that your stay at home order in Darren Bailey’s lawsuit is no longer able to stand. We’re still getting the details of what that order means but would you like to react to that?…

I would. I have affirmed many times over that Republicans and Democrats alike, public servants from all corners of Illinois have come together since the earliest days of this public health crisis to make incredibly difficult choices, understanding that painful as our actions might be the question boils down to life and death. COVID-19 is responsible for denying the people of Illinois the precious moments of togetherness and steadiness of routine that have been put on pause in response to this global pandemic. The stay at home order has prevented 10s of thousands of illnesses and thousands of deaths.

Representative Darren Bailey’s decision to take to the courts to try and dismantle public health directives, designed to keep people safe is an insult to all Illinoisans who have been lost during this COVID-19 crisis and it’s a danger to millions of people who may get ill, because of his recklessness, at best, no one is better off because of this ruling and at worst people’s health and safety will suffer tremendously.

In Illinois and nationally we are operating on decades of precedent in terms of how disaster proclamations work from floods to tornadoes and now a global pandemic disasters don’t necessarily evaporate on a 30 day timeframe.

In the interim, we will be issuing new public health directives so that we can continue to respond to this public health crisis. At this time I strongly encourage all municipal level leaders, as well as the people of Illinois, who are our strongest weapon against this virus to follow the advice of our scientists here in Illinois and across the nation of IDPH and the CDC and continue to follow the guidelines of are stay at home order.

This ruling has put the people of Illinois at risk.

I sincerely hope that this matter will be brought to a swift resolution so that we can go back to placing our undivided attention on the work of keeping people safe.

Please pardon transcription errors.

* Follow-up from Mary Ann Ahern: So, if the judge is saying, Darren Bailey’s right, you might not have this authority. So every city, every county is going to go ahead and say, guess what we’re opening…

That is the danger that Darren Bailey has put the state in. You’ve just stated it perfectly succinctly.

People are in danger as a result of this ruling of the judge’s ruling of the suit that was brought by Darren Bailey. We certainly are going to act in a swift fashion to try to have this ruling overturned, certainly put a stay in place.

I mean it’s frankly, it’s insulting, it’s dangerous. And peoples’ safety and health has now been put at risk. There may be people who contract Corona virus as a result of what Darren Bailey has done now.

* How quickly can you act because I would think people are going to try to supersede them very quickly?

The Attorney General handles these kinds of lawsuits there people are on site and there people are handling the appeals that will take place

…Adding… Unrelated question that Pritzker brought back to this particular topic: How do you see the handling of COVID-19 affecting political political discourse in Illinois and across the country as we lead up to the November election?…

I think that I can see that people want to make this a political issue. From my perspective this is a matter of life and death. We all want to be on the same side on those subjects. So I’m hoping that this doesn’t devolve into the politics that I think, often people at the federal level like to make it. And obviously you can see that there are legislators who don’t understand this who think that everything is fodder for the political world.

But I must say that there are Republicans that I have worked with who are genuinely concerned to do the right thing in the state of Illinois and of course Democrats have been terrific, working with some of those Republicans, working with me to make sure that we’re making progress at lowering our hospitalizations and all the other things that we’re trying to do here. But it is vital, vital that we work together to keep people safe and that means following the orders that we put in place, which obviously you know Darren Bailey has now put at risk.

       

214 Comments

  1. - Demoralized - Monday, Apr 27, 20 @ 3:27 pm:

    I knew that this was likely when they decided to allow everyone and their brother into the hearing. Hopefully this order is immediately stayed pending appeal. This is what happens when you let a hick county judge decide on complicated matters such as this.


  2. - 47th Ward - Monday, Apr 27, 20 @ 3:31 pm:

    You’re on Kwame.

    I am trying to resist the urge to belittle a ruling I have not yet read, brought forth in a case initiated by a Representative I have not met.

    But my initial thoughts are fit for a family blog.


  3. - Fixer - Monday, Apr 27, 20 @ 3:31 pm:

    I thought republicans were supposedly against so called activist judges and legislating from the bench. Someone forget to include Rep Bailey in that conversation?


  4. - 47th Ward - Monday, Apr 27, 20 @ 3:32 pm:

    Oops, unfit for a family blog.


  5. - Chicago Cynic - Monday, Apr 27, 20 @ 3:35 pm:

    Rich, I assume you’ll post the ruling when it becomes available.


  6. - Amalia - Monday, Apr 27, 20 @ 3:36 pm:

    so how quickly will the 5th Appellate District (crazy rulings rep) rule? or can they take it right to the SC? Or get a Cook County judge to look at it, and….sane person…rule differently thereby creating conflicting laws?


  7. - Titan - Monday, Apr 27, 20 @ 3:36 pm:

    I’ve been involved in a couple of cases that the AG has made a high priority - they can move at warp speed, and their “A Team” bunch is really, really good.


  8. - Jocko - Monday, Apr 27, 20 @ 3:39 pm:

    So, in the eyes of the law, disasters can only be 30 days in duration? That must be news to those who survived the 1918 flu pandemic.


  9. - Frank talks - Monday, Apr 27, 20 @ 3:40 pm:

    When will the General Assembly start playing the same game with these downstaters? They want regional approach then why don’t they advocate for regional economics. You get what you put in. Each County gets back what they send in revenue to the state.
    Let these downstate folks pay their bills on a regional basis just like they want to do with medical decisions etc.


  10. - Stritz - Monday, Apr 27, 20 @ 3:42 pm:

    Why is there news of this anywhere else?


  11. - Norseman - Monday, Apr 27, 20 @ 3:42 pm:

    I’ll be curious to read the opinion. I’m not expecting anything reasonable, but we’ll see. It’s a extremely dangerous ruling and one that has to be overturned.


  12. - JoanP - Monday, Apr 27, 20 @ 3:42 pm:

    @Amalia -

    If the judge’s ruling was that the EO was unconstitutional, the AG can go directly to the Illinois Supreme Court.

    They cannot take *this* case to Cook County. If someone filed a similar law suit in Cook, that’s the only way a Cook County judge could make a ruling. Having conflicting rulings (and we do have some insane judges in Cook, so you never know) wouldn’t really accomplish anything.


  13. - Stritz - Monday, Apr 27, 20 @ 3:42 pm:

    Oops, why is there no news of this anywhere?


  14. - Andy - Monday, Apr 27, 20 @ 3:43 pm:

    Disasters may last longer than 30 days, but eventually the legislature has to return to legislating… the governor can’t perform the work of all three branches indefinitely.


  15. - OurMagician - Monday, Apr 27, 20 @ 3:43 pm:

    =I thought republicans were supposedly against so called activist judges and legislating from the bench. Someone forget to include Rep Bailey in that conversation?=

    Republicans are very much talking out of both sides of their mouths right now.


  16. - Amalia - Monday, Apr 27, 20 @ 3:47 pm:

    @Joan P, thank you so much. hope you are having a decent day.


  17. - Hippo - Monday, Apr 27, 20 @ 3:48 pm:

    30 days is more than enough for the Gov to convene GA and legislate covid response. EO is a stop gap power.


  18. - PrairieChicken - Monday, Apr 27, 20 @ 3:50 pm:

    I’m just a country lawyer (now retired) but can’t the Gov just issue a fresh order to restart the clock?


  19. - ChicagoVinny - Monday, Apr 27, 20 @ 3:50 pm:

    If he prevails wonder how warm a reception he’s gonna have with his legislative pals on both sides of the aisle, who will get dragged into a mass gathering during a pandemic to pass whatever legislation will in effect make this lawsuit moot.


  20. - Demoralized - Monday, Apr 27, 20 @ 3:50 pm:

    ==legislate covid response==

    What does that even mean? Legislate what exactly?


  21. - Law Man - Monday, Apr 27, 20 @ 3:51 pm:

    It is amazing to me how many people, on this blog, and throughout the country are willing to give up their rights. Pritzker has exceeded his authority both in violating constitutional rights of every citizen but also in violating the law that gave him 30 days. You can’t keep extending it claiming the “emergency” taking the lives of people with underlying conditions, is ongoing forever. I believe some of the people in the media and commenting here would allow Pritzker to continue for forever in his own little kingdom. It is horrifying for the prospect of this republic


  22. - Chicago Cynic - Monday, Apr 27, 20 @ 3:51 pm:

    “Oops, why is there no news of this anywhere?”

    Because it takes reporters a few minutes to type their stories.


  23. - Nick Name - Monday, Apr 27, 20 @ 3:51 pm:

    Rep. Bailey is running for the 55th state senate district and there appears to be no Dem challenger? Ugh.


  24. - Bill - Monday, Apr 27, 20 @ 3:51 pm:

    There’s enough blame to go around. Madigan and Pritzker treated the 30-day constitutional limit as a suggestion. The state team treated Chicago and farmland as having identical risks and needs. And of course, this ruling and the suit could have been handled as a negotiating point and saved lives (I do not know whether this was attempted, though.)


  25. - Dave W - Monday, Apr 27, 20 @ 3:51 pm:

    So, because a judge applies the constitution instead of popular public sentiment in Chicago, that makes him a “hick” and an “activist judge”?


  26. - Demoralized - Monday, Apr 27, 20 @ 3:52 pm:

    ==can’t the Gov just issue a fresh order to restart the clock==

    That what the Governor has done and what the judge ruled against. And by the judge’s language you can see he knew what he was going to rule before he even heard the case. When you use terms like “shredded the Constitution” you can see what he was predisposed to do.

    Shameful.


  27. - Nagidam - Monday, Apr 27, 20 @ 3:53 pm:

    ===I’m just a country lawyer (now retired) but can’t the Gov just issue a fresh order to restart the clock?===

    I’m pretty sure this is what the ruling was about.


  28. - JB13 - Monday, Apr 27, 20 @ 3:54 pm:

    Either the governor has the authority, or he does not. I look forward to the Illinois Supreme Court’s forthcoming deliberations on this. I love watching pretzels get made.


  29. - Demoralized - Monday, Apr 27, 20 @ 3:54 pm:

    ==It is amazing to me how many people, on this blog, and throughout the country are willing to give up their rights==

    What rights are being violated exactly?

    == I believe some of the people in the media and commenting here would allow Pritzker to continue for forever in his own little kingdom. It is horrifying for the prospect of this republic==

    Oh please. Nobody has ever suggested that.


  30. - Jocko - Monday, Apr 27, 20 @ 3:54 pm:

    ==It is horrifying for the prospect of this republic ==

    Has anyone stopped you from going outside? Speaking with neighbors? Shopping? I hope your fainting couch is inside because the forecast calls for rain


  31. - Anyone Remember - Monday, Apr 27, 20 @ 3:55 pm:

    Frank talks

    We should also assign pension debt by county where the state job is actually located. And since Lawrence Correctional Center is in Rep. Bailey’s district …


  32. - Nagidam - Monday, Apr 27, 20 @ 3:56 pm:

    It should not surprise folks here that a judge in Southern Illinois made this ruling. They have to live and work in these communities. The real action is at the IL Supreme Court.


  33. - Graduated College Student - Monday, Apr 27, 20 @ 3:56 pm:

    ===It is amazing to me how many people, on this blog, and throughout the country are willing to give up their rights. Pritzker has exceeded his authority both in violating constitutional rights of every citizen but also in violating the law that gave him 30 days. You can’t keep extending it claiming the “emergency” taking the lives of people with underlying conditions, is ongoing forever. I believe some of the people in the media and commenting here would allow Pritzker to continue for forever in his own little kingdom. It is horrifying for the prospect of this republic===

    My Dad has an “underlying condition”. He’s also good for many more years of life absent something like COVID. If he were to contract COVID 19 and die because other people value making money or legally barring people from accessing unemployment checks, my fury would be overwhelming.


  34. - @misterjayem - Monday, Apr 27, 20 @ 3:57 pm:

    “30 days is more than enough for the Gov to convene GA and legislate covid response”

    Yes, we simply need a bill prohibiting COVID-19.

    That’ll fix it.

    – MrJM


  35. - Mary - Monday, Apr 27, 20 @ 3:57 pm:

    AG Barr just issued a statement directing US Attoneys to go after Govenor’s overreach when it comes to lock-downs and such. Poor Pritz…not a good day for him.


  36. - Demoralized - Monday, Apr 27, 20 @ 3:57 pm:

    ==Madigan and Pritzker treated the 30-day constitutional limit as a suggestion==

    A. Madigan has nothing to do with this.
    B. It’s not in the Constitution.


  37. - Nick Name - Monday, Apr 27, 20 @ 3:58 pm:

    === I believe some of the people in the media and commenting here would allow Pritzker to continue for forever in his own little kingdom.===

    It’s a bit early in the day and all that, but never mind.


  38. - Unstable Genius - Monday, Apr 27, 20 @ 3:58 pm:

    I support the judges decision - “30 days” is “30 days”. For those of you opposing the decision, it’s time for the State legislature to get involved - as in “follow the State constitution”.


  39. - Nick Name - Monday, Apr 27, 20 @ 4:00 pm:

    ===AG Barr just issued a statement directing US Attoneys to go after Govenor’s overreach when it comes to lock-downs and such.===

    Remember when Republicans pretended to care about states’ rights? Good times.


  40. - Scott Cross for President - Monday, Apr 27, 20 @ 4:01 pm:

    Mary - “Poor Pritz…not a good day for him.”

    Mary, please take your juice box and fruit rollup to the other room. The grown-ups in this room are working 18 hours a day for weeks on end to save lives.


  41. - Oswego Willy - Monday, Apr 27, 20 @ 4:02 pm:

    === It is amazing to me how many people, on this blog, and throughout the country are willing to give up their rights.===

    You needed an “activist” judge to get them back?

    Ironic, I know, but do us thinking a global pandemic is an optional worry for society.


  42. - Saul Goodman - Monday, Apr 27, 20 @ 4:03 pm:

    Assuming this ruling stands up — which isn’t exactly guaranteed — the next action would be for the Governor to consult with legislative leaders and distill this into legislation.

    Love it or loathe it, this isn’t a crazy application of the law. The 30 day period is there so the governor can act quickly to address an immediate crisis. The limitation means a longer-lasting emergency declaration will require deliberation and input from the General Assembly. There will be compromises, but the Coronavirus is serious, and most of the public thinks the lockdowns are warranted at least in the short term. With supermajorities in both houses, they should be able to hammer out something.


  43. - Flat Bed Ford - Monday, Apr 27, 20 @ 4:04 pm:

    =A. Madigan has nothing to do with this.=

    That’s part of the problem. Where the heck has the General Assembly been in all this? They can surely find a way to meet and do the work of the people. Limit the number into each chamber and stream it, etc. There must be a way for a co-equal branch of government to function.


  44. - Nick Name - Monday, Apr 27, 20 @ 4:05 pm:

    +shredded the constitution”

    Oh dear lord. *facepalm*


  45. - Nagidam - Monday, Apr 27, 20 @ 4:07 pm:

    As rainy season is upon us it is too bad the governor can now only have an Executive Order for 30 days. Start bracing up those levy’s in Southern Illinois folks. 30 days is 30 days.


  46. - Jimmy Baseball - Monday, Apr 27, 20 @ 4:08 pm:

    For the people cheering the outcome of this lawsuit, please post the 2-3 friends or family members that you’re willing to sacrifice as a result of this after your comments. This is incredibly disappointing.


  47. - Demoralized - Monday, Apr 27, 20 @ 4:08 pm:

    ==In this case the statute is pretty explicit - his emergency orders are good for 30 days. Subsequent to that it takes legislative actions to continue.==

    Where exactly is it explicit? Where does it say he can do only 1 30 day declaration? And where exactly does it say subsequent to that 30 days it takes legislative action? The law is completely silent on all of that. There is nothing explicit about the law.


  48. - Not a Billionaire - Monday, Apr 27, 20 @ 4:08 pm:

    He made it Constitution it goes to Supreme court. The GA should expel him and if he shows at the Senate they can too.This nonsense could kill people.


  49. - Someone you Should Know - Monday, Apr 27, 20 @ 4:08 pm:

    Bailey wanted to make a name for himself, he most surely did, Hated by Most, loved a by a small minority…


  50. - Transplant - Monday, Apr 27, 20 @ 4:08 pm:

    As a person who lives in the 4th Circuit where this ruling was made, I’m terrified of what this will mean down here. I fully expect the bars and beauty shops to be full by tomorrow.


  51. - Tweed Jacket - Monday, Apr 27, 20 @ 4:10 pm:

    Hoo-Man this a horrible decision, and the Re-open folks, well I don’t have anything to say towards them that is publishable in a family blog. anyone that violates the order, should be tested and isolated for 2 weeks at their own expense.


  52. - Huh? - Monday, Apr 27, 20 @ 4:15 pm:

    According to the update #1, this ruling only applies to bailey. He is the only one released from the Governor’s EO.

    Beetle didn’t file as a class action lawsuit. Oops.


  53. - Glengarry - Monday, Apr 27, 20 @ 4:15 pm:

    The Eastern Blockheads need to be dealt with. Their ignorance and grandstanding is a threat to people’s health.


  54. - Anon221 - Monday, Apr 27, 20 @ 4:15 pm:

    Here’s the Judici link-

    https://www.judici.com/courts/cases/case_information.jsp?court=IL013015J&ocl=IL013015J,2020CH6,IL013015JL2020CH6P1

    From today: “This court was contacted by email, by the Defendant’s Attorney, on April 25, 2020 regarding a proposed motion to continue. This court instructed Defendant’s Attorney that it would entertain such motion Monday morning at 9am, in the presence of Plaintiff’s Attorney and a Court Reporter. The court further instructed Defendant’s Attorney to forward any emails sent to the court, and from the court, to the Plaintiff’s Attorney. Later that same day, Defendant’s Attorney inquired if the court would be available to argue a motion to
    continue in the afternoon. The court indicated that it would accomodate that request, if agreed to by the Plaintiff. Accordingly, at 3pm on 4/25/2020, by teleconference and on the record, by a Court Reporter provided by the Defendant, the parties argued Defendant’s Motion to continue, which this court denied.
    In the interest of transparency and to ensure the record is complete, attached is an email chain regarding the motion to continue teleconference on 04/27/2020. Docket entry to attorneys of record.”


  55. - Demoralized - Monday, Apr 27, 20 @ 4:16 pm:

    ==Judge said @GovPritzker’s executive order violated “my constitutional right to work, to travel, to exist.”==

    Said while his is sitting at work, after he traveled to get to work, and is clearly alive and existing.


  56. - btowntruth from forgottonia - Monday, Apr 27, 20 @ 4:16 pm:

    The judge and his statements are just…..I can’t even….

    The Supremes are going to throw this sooooooo far out of court that NASA is going to be tracking its orbit.


  57. - northsider (the original) - Monday, Apr 27, 20 @ 4:17 pm:

    Does anyone know when McHaney is up for retention?


  58. - Huh? - Monday, Apr 27, 20 @ 4:17 pm:

    Someone needs to give that judge a lesson in public health law.

    He probably would have let typhoid Mary out of quarantine.


  59. - Demoralized - Monday, Apr 27, 20 @ 4:18 pm:

    Well, this judge will get what he wanted. His 15 minutes of fame


  60. - 47th Ward - Monday, Apr 27, 20 @ 4:19 pm:

    This is one of the downsides of electing judges. You end up with people who campaign from the bench.


  61. - Amalia - Monday, Apr 27, 20 @ 4:19 pm:

    constitutional right to fish on a lake? well, I have a constitutional right to free speech, and the judge, the state rep and those people in a crowd cheering him on….and AG Barr….should never be allowed near a doctor because they clearly don’t believe in science.


  62. - Tim - Monday, Apr 27, 20 @ 4:20 pm:

    Now that Rep. Bailey has been released from the stay-at-home order, I assume he will be signing up for a shift at Clay County Hospital as soon as possible.


  63. - Oswego Willy - Monday, Apr 27, 20 @ 4:20 pm:

    Dunno which is more silly to the mouth breathing;

    A commenter going all “Madigan”

    The judge saying a shredding of the constitution

    I’ll let Mr. Bailey chose.


  64. - Demoralized - Monday, Apr 27, 20 @ 4:21 pm:

    ==my constitutional right to work, to travel==

    For a guy who made a ruling supposedly based on the Constitution shouldn’t he be able to point to the part of the Constitution that gives him those rights?

    And apparently he has a Constitutional right to fish. Still looking for that passage in the Constitution.


  65. - Moe Berg - Monday, Apr 27, 20 @ 4:21 pm:

    This is one of the worst threads I’ve ever read, and I’ve been reading CapFax blog from Day 1.

    So many ill informed comments, gratuitous insults, and bad faith or irrelevant arguments.

    Rich does a great job of curating the content and framing up the stories, and some of you just coming clomping through the house with mud and manure on your boots.

    You really need to get out of the Facebook barnyard more often.


  66. - Downstate - Monday, Apr 27, 20 @ 4:21 pm:

    It appears that the judge is a Democrat.


  67. - Roman - Monday, Apr 27, 20 @ 4:24 pm:

    I’m no lawyer, but are we sure that the ruling only applies to Bailey, as Maxwell asserts in his tweet? The judge believe’s JB “shredded” the constitution, but grants relief to only one person?


  68. - Mr. Smith - Monday, Apr 27, 20 @ 4:26 pm:

    So much for Republicans being the pro-life party.

    I wonder if anyone who contracts a case of COVID-19 as a result of this decision can find grounds to sue Rep. Bailey?


  69. - Demoralized - Monday, Apr 27, 20 @ 4:26 pm:

    =my constitutional right to work==

    And I would take note of this language. Anyone who ever gets laid off should immediately run to this judge and file suit. Your Constitutional rights are apparently being violated.


  70. - A Guy - Monday, Apr 27, 20 @ 4:27 pm:

    == This is what happens when you let a hick county judge decide on complicated matters such as this.==

    Demo, this surprises me a little bit to hear you say this like this. There’s 4 days left before this order expires. By today’s standards, plenty of time for an emergency appeal.
    On the Federal level, there has been legislative action and participation at a risk level equal to or greater than what our state might present. The Legislature needs to be part of this process too.
    I’m not sure how I feel about this ruling yet. I want to read it, and a poster here just provided a link (thank you A-221) I have no idea who this federal judge is. I’ll let you know after reading this if he’s a country hick (?)


  71. - Anon221 - Monday, Apr 27, 20 @ 4:27 pm:

    Nuthin’ about fishin’. Is he sure it wasn’t his “constitutional right” to golf that he’s really upset about? ( heavy snark)

    https://web.archive.org/web/20130307044646/http://mikemchaney.com/about-mike-mchaney/


  72. - Oswego Willy - Monday, Apr 27, 20 @ 4:29 pm:

    === The Legislature needs to be part of this process too.===

    Nope.

    Can the legislators issue an executive order?

    This is Facebook drivel.


  73. - West Side the Best Side - Monday, Apr 27, 20 @ 4:30 pm:

    Judges’ rulings should never be about themselves or about how something will effect them personally.From what Mark Maxwell wrote McHaney seems not only like an activist and a hick, but a hack as well. If Maxwell’s reporting is incorrect and the ruling is well reasoned with multiple cites to well established case law and learned treatises and doesn’t mention the judge’s right to fish then I’ll apologize.


  74. - Demoralized - Monday, Apr 27, 20 @ 4:30 pm:

    A Guy:

    The fact that he said this only reinforces my opinion.

    ==And said this EO robbed him of his constitutional right to fish on a lake.==


  75. - Nick Name - Monday, Apr 27, 20 @ 4:31 pm:

    To update 3: did the judge even try to pretend to be impartial? “Pritzker hurt my feelings, so I am going to do this now.”


  76. - Ron Burgundy - Monday, Apr 27, 20 @ 4:31 pm:

    This case will rapidly go straight to the IL Supreme Court, which I expect will stay the trial court ruling until it can decide as soon as the AG can get papers in front of them. Per IL Supreme Court Rule 18 the trial judge must send up a detailed written explanation of the ruling.


  77. - RNUG - Monday, Apr 27, 20 @ 4:32 pm:

    Well … the local judge ruled against JB.

    I still say JB gets his way at the appellate or IL Supreme Court level. We’ll see.


  78. - A Guy - Monday, Apr 27, 20 @ 4:32 pm:

    mistyped “federal” judge. Apologies.


  79. - Ducky LaMoore - Monday, Apr 27, 20 @ 4:33 pm:

    “From what Mark Maxwell wrote McHaney seems not only like an activist and a hick, but a hack as well.”

    Please don’t judge all hicks by the actions of one. A lot of us are reasonable people.


  80. - A Guy - Monday, Apr 27, 20 @ 4:34 pm:

    ==Can the legislators issue an executive order?==

    Genius, at question is whether the Governor can issue more than one. And, yes, elected representatives are part of this process representing very different areas within the state. Your drivel is predictable.


  81. - Just Me 2 - Monday, Apr 27, 20 @ 4:34 pm:

    The next time I hear a Republican talk about the State being mismanaged I will remind them that Rep. Bailey wants to kill people so he can go to the barber.


  82. - Ok - Monday, Apr 27, 20 @ 4:35 pm:

    Clearly this was arranged the whole time. Maybe they can get on fox news. Or a tweet out from Trump. Then they will really be the pride of their buddies.


  83. - Flapdoodle - Monday, Apr 27, 20 @ 4:37 pm:

    The gymnastics performed by this judge and those defending his bizarre reasoning are truly astounding. Repeated assertions of individual preferences as facts, cloaked in unsubstantiated rights talk. For pete’s sake, whenever was there a “constitutional right to fish on a lake”? That a judge should say something so foolish is frightening.


  84. - SAP - Monday, Apr 27, 20 @ 4:37 pm:

    ==AG Barr just issued a statement directing US Attoneys to go after Govenor’s overreach when it comes to lock-downs and such. Poor Pritz…not a good day for him== How many US Attorneys were directed to go after Governor Pritker’s overreach when it comes to lockdowns and such? Did Barr direct US Attorneys to go after the overreach of any other Governors?


  85. - A Guy - Monday, Apr 27, 20 @ 4:38 pm:

    Demo (lightening the mood a tiny bit) We elected a President from Illinois who said things like that and we celebrate him even more today. He had a pretty divisive crisis of his own to deal with.

    The Democracy has time to get this right. It will.


  86. - Rich Miller - Monday, Apr 27, 20 @ 4:38 pm:

    === at question is whether the Governor can issue more than one===

    Most, if not all governors have done that.


  87. - dbk - Monday, Apr 27, 20 @ 4:38 pm:

    –And said this EO robbed him of his constitutional right to fish on a lake. –

    Well I guess that’s one step up from “robbed him of his constitutional right to head for his favorite bar and have a few drinks with his buddies.”

    I honestly try to remain polite and respectful in line with the level/content/comments generally on my fav blog, but this is an emergency.

    This will have national repercussions, I fear.


  88. - Oswego Willy - Monday, Apr 27, 20 @ 4:39 pm:

    === Genius, at question is whether the Governor can issue more than one.===

    The legislature can issue ZERO. Keep up.

    No Governor is required to seek “counsel or consent” to them

    That’s Facebook silly.

    === And, yes, elected representatives are part of this process representing very different areas within the state.===

    A want… is not a “required”

    ===Your drivel is predictable.====

    lol, understand the difference between a want and a “required”

    It may be tough, but I’m sure you can.


  89. - Rich Miller - Monday, Apr 27, 20 @ 4:39 pm:

    === directing US Attoneys to go after Govenor’s overreach===

    Get off Facebook.

    https://www.cnn.com/2020/04/27/politics/barr-prosecutors-coronavirus-civil-liberties/index.html

    https://thehill.com/homenews/administration/494892-barr-tells-prosecutors-to-watch-for-pandemic-restrictions-that

    https://www.nbcnews.com/politics/justice-department/barr-directs-prosecutors-look-state-local-stay-home-orders-go-n1193711


  90. - Demoralized - Monday, Apr 27, 20 @ 4:40 pm:

    ==Clearly this was arranged the whole time==

    That thought went through my mind. The speed at which he issued his ruling. The content of the ruling - the personal opinions - seems to me like he was itching to have someone bring a case to him so he could get his thoughts out there on the record.


  91. - Dome Gnome - Monday, Apr 27, 20 @ 4:40 pm:

    Does anybody know how many of the 90 available seats for the public were filled in that courtroom? Clay County does have Covid-19 cases. None of this — the case and the way spectators were allowed — exercises good judgement.


  92. - Demoralized - Monday, Apr 27, 20 @ 4:41 pm:

    ==We elected a President from Illinois who said things like that ==

    Said he had a Constitutional right to fish?


  93. - A Guy - Monday, Apr 27, 20 @ 4:42 pm:

    == I will remind them that Rep. Bailey wants to kill people so he can go to the barber===

    Drama much?


  94. - JoanP - Monday, Apr 27, 20 @ 4:43 pm:

    @ A Guy - “I have no idea who this federal judge is.”

    He’s not a federal judge. He’s an Illinois circuit court judge.


  95. - Huh? - Monday, Apr 27, 20 @ 4:44 pm:

    “EO robbed him of his constitutional right to fish on a lake.”

    Wonder what he would say about his constitutional rights to fishing if a game warden caught him poaching and he lost his fishing right permanently.

    You only have a privilege to fish if you possess a valid fishing license.

    No license. No priviledge.


  96. - Oswego Willy - Monday, Apr 27, 20 @ 4:44 pm:

    === Drama much?===

    You first. Let us know how things are at the hospital.


  97. - Demoralized - Monday, Apr 27, 20 @ 4:44 pm:

    ==Does the Governor have the right to shred the Constitution for longer than 30 days?==

    That language seems to me like the judge is saying that he believes any disaster declaration - 30 days or not - involves “shredding the Constitution.”


  98. - Frumpy white guy - Monday, Apr 27, 20 @ 4:48 pm:

    It seems to me that shortly after news reports that African-Americans are dying of COVID-19 at a higher rate that the Republicans became more anti Shelter in place.


  99. - Oswego Willy - Monday, Apr 27, 20 @ 4:48 pm:

    Here I thought - A Guy - was pro-life.

    That’s on me. My bad.

    It was a state judge, looking the judge up on the federal bench is a waste of time.

    Lots of Facebook missteps, - A Guy -

    I’d add more, but I’m looking for the constitutional requirements of seeking counsel and consent for EOs, so that might take a while.


  100. - A Guy - Monday, Apr 27, 20 @ 4:49 pm:

    C’mon Demo, you get the reference to country logic and horse sense Abe brought to bear on the country. Though it’s been a long time, I remember being in a high school theater production about the signing of the Declaration of Independence and one guy’s only line was “What about deep sea fishin’ rights? He delivered it with aplomb as it was his only line.
    As stated, the democracy will get this right.

    I can see the new “bite me” around here is “go back to Facebook”. Keep that up and maybe a lot of people will do just that. I simply don’t get that kind of goofiness.


  101. - Bored Chairman - Monday, Apr 27, 20 @ 4:49 pm:

    Mark Maxwell’s claim that the ruling is binding only to the plaintiff should be verified. Seems unlikely the Governor and his COS would have reacted the way they did if the ruling only released one Illinois citizen from the EO.


  102. - Oswego Willy - Monday, Apr 27, 20 @ 4:52 pm:

    === I simply don’t get that kind of goofiness.===

    Read your own disinformation, then you’ll get it.

    === As stated, the democracy will get this right.===

    No legislators are voting on an EO, no referendum for an EO too.

    Yikes, man…


  103. - A Guy - Monday, Apr 27, 20 @ 4:53 pm:

    ==- JoanP - Monday, Apr 27, 20 @ 4:43 pm:

    @ A Guy - “I have no idea who this federal judge is.”==

    Ms. P, I apologized for it once, immediately in fact. How many times must I? May I direct an apology to you personally to make it ok? If so, you have my apologies. Would you like me to go to Facebook as well?


  104. - fs - Monday, Apr 27, 20 @ 4:53 pm:

    ==Nope.

    Can the legislators issue an executive order?

    This is Facebook drivel.==

    Executive Orders are subject to approval by the General assembly if they disagree with it. They are also not supreme law that supersede statutes passed by the General Assembly. They can, and have been, disapproved by the General Assembly. So yes, they can play a role if they so choose.


  105. - Nagidam - Monday, Apr 27, 20 @ 4:55 pm:

    ===Mark Maxwell’s claim that the ruling is binding only to the plaintiff should be verified. Seems unlikely the Governor and his COS would have reacted the way they did if the ruling only released one Illinois citizen from the EO.===

    I believe your answer is in update #4


  106. - Donnie Elgin - Monday, Apr 27, 20 @ 4:55 pm:

    Don’t Pritzkers people know the usual response is “we respectfully disagree”


  107. - Huh? - Monday, Apr 27, 20 @ 4:57 pm:

    Bored - look at update #4. Applies only to beetle.

    That being said, the case allows others to file separately or get added to this case. So the Pritzker’s reaction is appropriate.

    The camel’s nose is under the edge of the tent.


  108. - Oswego Willy - Monday, Apr 27, 20 @ 4:57 pm:

    === They are also not supreme law that supersede statutes passed by the General Assembly. They can, and have been, disapproved by the General Assembly. So yes, they can play a role if they so choose.===

    Here it is… perfect…

    Let’s call those legislators back…

    Let them vote, Red or Green… let’s see Leader Durkin vote against the stay at home order…

    It’s like not grasping why these things make no political sense when dealing with safety.

    Let’s see Mr. Bailey whip up support.


  109. - twowaystreet - Monday, Apr 27, 20 @ 4:58 pm:

    ==Bored Chairman==

    The ruling does apply to Bailey, only. He said it himself in an interview. It opens the door for people to file similar suits or a class action. It is just going to get way out of hand and open the flood gates.


  110. - Oswego Willy - Monday, Apr 27, 20 @ 4:59 pm:

    As if on *CUE*…

    Leader Durkin…

    === Today’s ruling is the first regarding the Governors authority from his Executive Orders during this time of pandemic. I expect a quick appeal to the higher courts as this is a case of first impression and one that needs to be dealt with on an expedited basis. We will be following the case closely as it progresses===

    Dunno, sounds pretty distant from supporting.


  111. - Demoralized - Monday, Apr 27, 20 @ 5:00 pm:

    ==Since when has Bailey been forced to isolate and quarantine in his home? ==

    So the judge issued a ruling granting him relief from something that hasn’t even happened? How exactly does that work?


  112. - Blue Dog Dem - Monday, Apr 27, 20 @ 5:02 pm:

    This may give new meaning to ‘give me liberty or give me death’

    This sunday the weather was beautiful in so illinois. There was little confinement.


  113. - Oswego Willy - Monday, Apr 27, 20 @ 5:02 pm:

    === Better stay off Facebook… . They’d kill you over there, and even fewer would think you were cute===

    Yep. Facebook and facts don’t mix. I wouldn’t fit in, since I’m looking for facts.

    === Maybe you will see me at the hospital. Do you know what I’m doing…===

    To be honest, I don’t know what your doing, obviously, but you’d be the first person I can think of that would be working at a hospital thinking lifting a stay at home is smart at this time.


  114. - Demoralized - Monday, Apr 27, 20 @ 5:03 pm:

    ==Since when has Bailey been forced to isolate and quarantine in his home? ==

    This ruling seems like it was written for a different case that wasn’t even in front of the judge. That language seems like it is more suited to someone who has been forced to self isolate coming before the judge.


  115. - Demoralized - Monday, Apr 27, 20 @ 5:05 pm:

    Sorry. Better suited to someone who has or was exposed to the coronavirus being told to self isolate.


  116. - FrustratedAtRisk - Monday, Apr 27, 20 @ 5:06 pm:

    What bothers me is this was and isn’t a lockdown and there were even fewer restrictions for May than April. The entire point of the order is to provide some legal & financial framework to deal with the crisis - for example liability pressures that prevent employers from operating in ways that put employees & customers at risk and give them standing to seek assistance & protection (insurance or loans and so on). It allows the state to make emergency allocations and temporarily close at risk places & services more easily & some enforcement power, but mostly just moral & liability standing. Without an order, everyone who follows safety measues has less protection and those who disregard them have few checks. A place that wants to remain pickup only may be told its losses won’t be covered unless it opens up totally. An employer can fire employees who want socual distancing. Landlords can demand the restart of evictions without caring about being liable for tenant welfare. Maybe even places like jails and senior centers can be more indifferent to the health and financial consquences of their actions. So this wasn’t about freedom to do things, it was about freedom of the powerful and monied and selfish from legal & moral responsibilities to others. And yes, workplaces may still worry about getting sued if they don’t protect staff, but it’s less clear now. And we all knew this was what it was about - a symbolic united front with some actual structure. Bailey and the judge understood it as well - it wasn’t about the right to exist, but to take away protections of others.


  117. - Demoralized - Monday, Apr 27, 20 @ 5:07 pm:

    ==This may give new meaning to ‘give me liberty or give me death’==

    I think some of these people are choosing the latter.


  118. - brickle - Monday, Apr 27, 20 @ 5:09 pm:

    the GOP is a literal death cult


  119. - Shytown - Monday, Apr 27, 20 @ 5:13 pm:

    The herd mentality of these republicans locally and across the nation is literally going to kill people. Think about that.


  120. - Mitchell P - Monday, Apr 27, 20 @ 5:13 pm:

    Where is the nuance in this discourse? Locking down indefinitely is not a plan. Neither is the Gov merely throwing out words like “robust testing” and “contact tracing.” That is not a plan for a virus that spreads three times as easily as the flu and is asymptomatic for many during spread. Politicians need to actually develop a plan because the status quo is not sustainable.


  121. - @misterjayem - Monday, Apr 27, 20 @ 5:15 pm:

    “Keep that up and maybe a lot of people will do just that.”

    Promise?

    – MrJM


  122. - Oswego Willy - Monday, Apr 27, 20 @ 5:16 pm:

    === Locking down indefinitely is not a plan.===

    Narrator: the order was for 30 days.


  123. - Medvale - Monday, Apr 27, 20 @ 5:19 pm:

    “…and the judge said ‘Guilty’ at a make-believe trial, slapped the legislator on the back with a smile, and said ‘Supper’s waitin’ at home and I gotta get to it.’”’

    Illinois is the new Georgia.


  124. - Feature not Bug - Monday, Apr 27, 20 @ 5:23 pm:

    The appeal(s) and upcoming judicial decisions will actually help clarify the Governor’s power for this and future disasters, which will then solidify the parameters of a disaster declaration, with the benefit of being under this lethal disease’s cloud - making it easier for the review courts to side with the GOV.


  125. - West Side the Best Side - Monday, Apr 27, 20 @ 5:28 pm:

    Ducky - Sorry if I insulted reasonable hicks by my comments.


  126. - RNUG - Monday, Apr 27, 20 @ 5:28 pm:

    The real solution would be for the GA to meet long enough to enact either a temporary change allowing the Governor to either make a longer declaration, or to make a change allowing sequential declarations of 30 days, subject to review and revocation by the GA should the Legislature so choose to override the Governor.

    If they could put together agreed legislation in an existing shell bill, it would take but a few minutes in each chamber to call to order, vote, and adjourn.


  127. - Amalia - Monday, Apr 27, 20 @ 5:29 pm:

    want the State Rep. billed for AG fees……


  128. - Huh? - Monday, Apr 27, 20 @ 5:30 pm:

    Am wondering if the Legislature can expel bailey for pulling this stunt.

    The rational being that he is endangering his constituents for encouraging reckless behavior.


  129. - PrairieChicken - Monday, Apr 27, 20 @ 5:34 pm:

    Now that I see the Order, it is meaningless. However, it will serve to confuse people, who will then go out and spread the infection. Yet another coronavirus nail in the GOP coffin. RIP GOP.


  130. - Senator Blutarsky - Monday, Apr 27, 20 @ 5:38 pm:

    Everyone seems obsessed with whether or not the ruling was a good idea as a matter of policy. Unfortunately, that also includes the judge. The real question is of course a legal one.

    I think the judge reached the wrong conclusion but not because it’s a bad idea, which shouldn’t matter in determining whether an individual’s rights were violated. The question is whether the judge properly interpreted the statute. I don’t think he did.

    First, the 30 day limit itself may be superseded by Gov. Pritzker’s inherent police power, which falls under the executive authority vested in him by the IL constitution. Second, while the statute does appear to contemplate a 30 day limit for emergency powers, it is silent on whether that 30 day limit is a hard stop or is amenable to a new declaration if the emergency were to persist. Indeed, it seems silly to think that the legislature would expressly authorize the Governor to declare an emergency as part of an epidemic, while also limiting that period to 30 days. Epidemics don’t typically resolve themselves in neat 30 day increments. Perhaps all the governor must do is simply re-declare an emergency, subject to judicial review under a standard similar to “arbitrary and capricious.”

    It is for reasons like these that the judge likely misintrepreted the statute and will be overturned on appeal.


  131. - JB13 - Monday, Apr 27, 20 @ 5:45 pm:

    – If they could put together agreed legislation in an existing shell bill, it would take but a few minutes in each chamber to call to order, vote, and adjourn–

    What RNUG said.

    Did the GA really intend for a governor to be able to declare an emergency once, and then extend it for as many times as he deems fit, just in 30 day increments?

    That’s contrary to the plain reading of that law.

    For the sake of our form of government, it would be best to just end this legislatively, rather than a court ruling that declares those words on the page don’t mean what a plain reading says they do.


  132. - Senator Blutarsky - Monday, Apr 27, 20 @ 5:54 pm:

    Then the position must be that the GA did intend to limit him to 30 days and that both Rep. Bailey and the judge are correct. But that ignores that the Constitution grants the governor the police power. No statute can limit the Constitution. The police power is very broad and allows executives to do things that otherwise wouldn’t be constitutional. But the executive of course remains subject to reprimand by the judiciary, removal by the legislature, and rebuke by the voters if they were to abuse such powers.


  133. - Don't Bloc Me In - Monday, Apr 27, 20 @ 6:03 pm:

    A little more info about the representative district that is Bailey’s, and the senate district he will almost certainly be elected into: the only two counties in Illinois without public health departments are here–Edwards and Richland. Have you seen him advocating for these counties to create departments? Of course not.

    Also, not everyone at the courthouse today was from Clay County. I recognized two people from an adjacent county.


  134. - Tynie - Monday, Apr 27, 20 @ 6:06 pm:

    In my view Gov. Pritzker’s already shown a desire to create a chain of EO’s that last through every term he gets… regardless of if there’s a vaccine for Covid.. Which is why I stand with Bailey and the judge.
    In fact, I’m SERIOUSLY considering finding out how a civilian can call the DOJ to give a statement in hopes of having them intervene on Pritzker for violating Illinoisans Civil &Economic rights. (I internet researched AG Barr’s directive.. And the latter term WAS INCLUDED.)

    Abhor me for this if you must, but like Bailey I’ve had ENOUGH of this lockdown.. And God only knows if my view on the EO’s behind it will be right.


  135. - NameInVain - Monday, Apr 27, 20 @ 6:15 pm:

    Prizker needs to pull on those size 50 big boy pants and come up with a real plan.


  136. - ReadTheLaw - Monday, Apr 27, 20 @ 6:17 pm:

    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=330&ChapterID=5&fbclid=IwAR1c6Uio3Dm-bOJZMr0wfgRBKneMglXy5n5KLBOwfPkBHLxLHZXaRWs2bFE


  137. - jdcolombo - Monday, Apr 27, 20 @ 6:19 pm:

    My prediction:
    Either the 5th District or Illinois Supreme Court will stay the judge’s order, pending appeal. The appeal will then be regularly docketed, which means it would be scheduled for oral argument a year from now. By then, it is moot.

    Agree with RNUG that the cleanest solution would be for the Legislature to meet for 10 minutes, approve a temporary extension in the Governor’s power, and be done with it.


  138. - JB13 - Monday, Apr 27, 20 @ 6:22 pm:

    As an aside, is that the first time we’ve gotten a public statement from Michael Madigan since he praised his fellow Democrats for holding an election amid a pandemic?


  139. - @misterjayem - Monday, Apr 27, 20 @ 6:23 pm:

    “In my view Gov. Pritzker’s already shown a desire to create a chain of EO’s that last through every term he gets… regardless of if there’s a vaccine for Covid”

    In my view, you should seek counseling.

    – MrJM


  140. - Tynie - Monday, Apr 27, 20 @ 6:25 pm:

    I have a source for the DOJ angle of my comment. They put it differently than I did, but I don’t know if you guys have any news sources you ban commenters from posting. (My original source was The Washington Examiner, and this is my second comment on this site. So, I’m just trying to mesh my preference to be brutally honest with you guys’s rules) I also believe the phrase “undue interference on the economy” is just another way to say “violate economic rights.”


  141. - Lester Holt’s Mustache - Monday, Apr 27, 20 @ 6:26 pm:

    == Let them vote, Red or Green… let’s see Leader Durkin vote against the stay at home order…==

    OW’s got a good point on the politics of this. Bailey is in a super safe seat, so this is just icing for him and his career, but how many of his fellow republican elected officials feel good about this? With 6 months until the election, every one of them are going to have to decide whether to condemn Bailey (and anger the loudest parts of their base) or support him (angering the other 70% of Illinoisans). It’s a pretty black and white issue, and if I’m a republican official or candidate anywhere north of I-64, the last thing I want to do is spend time defending Bailey, the judge or this ruling. Especially when I’ve already got trump at the top of my ticket. Bailey may have done more today to help elect Illinois dems this November than Pritzker’s bank account could do all year


  142. - Anonymous - Monday, Apr 27, 20 @ 6:26 pm:

    TROs are expedited appeals without oral arguments.


  143. - Huh? - Monday, Apr 27, 20 @ 6:41 pm:

    20 ILCS 2305/2
    Sec. 2. Powers.
    (a) The State Department of Public Health has general supervision of the interests of the health and lives of the people of the State. It has supreme authority in matters of quarantine and isolation, and may declare and enforce quarantine and isolation when none exists, and may modify or relax quarantine and isolation when it has been established.

    I like this line “… It has supreme authority in matters of quarantine and isolation, …”

    In other words, your “constitutional rights” to go fishing or play golf don’t mean too much when you have been quarantined or isolated.

    I think beetle got punked by his pet judge.


  144. - Senator Blutarsky - Monday, Apr 27, 20 @ 6:44 pm:

    There are no such protections for economic rights. The Slaughterhouse cases dealt with this question in the 1870s. The Supreme Court held that the police power of the state could properly restrict the economic activities of citizens. Though subsequent Courts walked this back and began enforcing “substantive due process” economic rights, most famously in the Lochner case, that era ended during the New Deal and the Carolene Products decision. Put simply, absent some other Constitutional violation the state legislature and the Governor are well within their power and authority to restrict economic activity.


  145. - Norseman - Monday, Apr 27, 20 @ 6:47 pm:

    === … the cleanest solution would be for the Legislature to meet for 10 minutes, approve a temporary extension in the Governor’s power, and be done with it. ===

    I disagree. There’s nothing clean when you have one party playing politics to the detriment of public health. The governors’s authority is clear and needs to be reaffirmed by the courts.


  146. - Anon - Monday, Apr 27, 20 @ 6:50 pm:

    Thank God I live near Iowa and Missouri.


  147. - Been There - Monday, Apr 27, 20 @ 6:55 pm:

    Well at least it was thoughtful of Bailey and the Judge to give the AG the rest of this week to get an appeal heard. They should have waited until Friday for the hearing. My guess they both really just want the press pop. And for Bailey he still gets to rant.


  148. - Norseman - Monday, Apr 27, 20 @ 6:55 pm:

    Huh?, you’re citing the wrong Act used by the governor. It’s the IEMA Act

    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=368&ChapterID=5


  149. - Huh? - Monday, Apr 27, 20 @ 7:01 pm:

    Why on earth would anyone cite the Washington Examiner as an authoritative resource for legal advice for a puffed up case in Illinois?

    Under public health law, the IDPH has supreme authority to call a quarantine or isolation. Your civil rights don’t matter. The overriding concern is that of the health of the general public.

    If Attorney General Barr were to sue a State for continued covid19 lock downs, he would run head long into the 10th amendment. On top of that, given the public statements by tramp, the Governors are responsible for reopening their States.


  150. - Kelly - Monday, Apr 27, 20 @ 7:02 pm:

    Quarantine and isolation are for the sick. The SICK. Sure, the DPH can quarnatine and isolate THE SICK. Get it? Not the possibly sick. The actually medically-determined-to-be sick. Go ahead and try to make the case that the law applies to all citizens in the state. Guess what? You lose.


  151. - Kelly - Monday, Apr 27, 20 @ 7:04 pm:

    State’s right do not trump constitutional rights. Good luck with that one too, Huh. ;)


  152. - Oswego Willy - Monday, Apr 27, 20 @ 7:15 pm:

    === Quarantine and isolation are for the sick. The SICK.===

    Explain “asymptomatic”

    Keep up.

    Thanks.


  153. - Huh? - Monday, Apr 27, 20 @ 7:36 pm:

    Quarantine and isolation are meant to prevent the spread of infectious diseases. If the IDPH doesn’t know who has the disease, isolating the general population is the best way to stop the disease. That is what the social distancing and stay at home orders are meant to do.

    Who are the “sick”? Those who are in the ICU on ventilators? The person too weak to get out of bed because of the disease? The super spreader asymptomatic person? The person with underlying health conditions?

    Typhoid Mary was a New York cook in the early 1900’s. She was an asymptomatic carrier of typhoid. Because of her, over 50 people contracted typhoid, 3 died. She was a super spreader of a highly contagious disease. She died in quarantine. Does she fit your definition of “sick”?

    New Zealand, an island nation, has stopped the community spread of the coronavirus. They issued stay at home orders and closed their borders. They have successfully beat the disease. Now they are slowly reopening their economy.

    History has shown that quarantine and isolation are useful tools to combat infection disease.

    I’ll take the chance that a thoughtful judge will uphold the public health law over your perceived “constitutional rights” in this crisis.


  154. - Huh? - Monday, Apr 27, 20 @ 7:39 pm:

    “State’s right do not trump constitutional rights.”

    What is your constitutional right to spread an infectious disease?


  155. - filmmaker prof - Monday, Apr 27, 20 @ 7:42 pm:

    Me me me me. I want I want I want I want. That’s the world we live in now.
    Traditional values.


  156. - JS Mill - Monday, Apr 27, 20 @ 7:46 pm:

    =“violate economic rights.”=

    It would be super if you could let me know where I can find that in the constitution.

    would think you would be on AG Barr’s naughty list for all of the calls you have been making regarding the Trump admins violation of federal law and the constitution. I mean because you are such a stickler.


  157. - Tynie - Monday, Apr 27, 20 @ 7:49 pm:

    I haven’t called yet, I merely said I was considering it. Oh, and I believe the economic rights aspect is covered by the right to pursue happiness.. (I.e. live and shop in peace WITHOUT EO’S INTRUDING on it.)


  158. - jdcolombo - Monday, Apr 27, 20 @ 7:56 pm:

    =TROs are expedited appeals without oral arguments.=

    Oops. Yep. Forgot we’re dealing with a TRO.


  159. - Tynie - Monday, Apr 27, 20 @ 8:01 pm:

    JS, I’m attempting to stay in line with the blog rules. You may not like this, but I’m actually an Independent that votes more Republican (i.e. I Support Trump &bConservatives)
    As part of my political ethics, I am VERY reluctant to trust many media sources.. USA Today made an OBSCENELY SHORT list of exclusions.. Which is why I’ve been attempting to cite them in a comment since I realized I forgot to add it to a prior one.
    Beyond it, if I’m advised by people I trust not to call the DOJ, I’ll listen. (Btw, that’s my typical metric for ANY business call..especially ones involving government agencies.)


  160. - MyTwoCents - Monday, Apr 27, 20 @ 8:05 pm:

    It’s pretty clear cut that to slow the spread of Coronavirus is to maintain social distancing, wear a mask, etc. Conservatives like to argue in personal responsibility and maintain that orders aren’t necessary. If the US was like South Korea, Japan or Sweden, then yeah, maybe that could work. But this stay at home order as only proved that there is a not small percentage of Americans who feel that they must flaunt authority, rules don’t apply to them, etc. I have been out on essential errands only for the last 6 or so weeks and the lack of compliance has been astounding. It’s even only been within the last week that store employees have been wearing masks. The only way to get through this is to act united, but people like Rep. Bailey are begging for coronavirus to be a part of our lives for a long time. I wonder if he (and the judge) would be willing to volunteer for one of those challenge trials Rich posted about earlier?


  161. - Huh? - Monday, Apr 27, 20 @ 8:09 pm:

    JS Mill - ignore tiny. He is a facebook like troll. His last post is an incomprehensible mishmash word salad of nonsense.


  162. - Tynie - Monday, Apr 27, 20 @ 8:26 pm:

    JS, I’m sorry my last post didn’t format the way you wanted.
    I’m on my phone right now, which makes it kind of hard to format a comment that’ll fit more on a standard website. That may very well be why the link from USA Today hasn’t gone through, yet I’m actually a woman who doesn’t use Facebook. FULL DISCLOSURE: I gave it up after being put in FB jail over expressing my political views on the media. You may very well disagree with them, but in my book, less than 10% of the US media deserves trust. As I said in my prior comment: USA TODAY earned a spot on a VERY SHORT list of exclusions.
    Unfortunately, the last time I tried to post the link that I believe reinforced that spot here.. I got a duplicate comment error.. So I’m not trying again


  163. - Oswego Willy - Monday, Apr 27, 20 @ 8:41 pm:

    Things I know;

    Mr. Bailey filed as the plaintiff, so he is the only Illinois citizen released from the order.

    There will be an appeal.

    The politics we, including me, argue won’t change these facts.

    The power of the executive and the further clarity to the EO in continuation will also get clearer than the words “shredding” or the base idea of constitutionality.

    That’s what I know.

    Let’s see what these next steps bring.


  164. - Tynie - Monday, Apr 27, 20 @ 8:55 pm:

    Oswego Willy, you’re a lot more patient about this EO deal than I am.. I’ll freely admit it. However, that confession does not negate my intention to seek out advice from people I trust In Real Life, on whether or not calling the DOJ will be worth it. (I typically do that before making any business call, especially ones involving government agencies. You may think it’s tin-foil hat-ish of me, but it’s because of the recent slew of scams that’ve made it to OIG reports.)


  165. - Cadillac - Monday, Apr 27, 20 @ 8:56 pm:

    Maybe the residents of Clay County feel they have flattened their curve as requested. Anybody have some graphs for Clay County?


  166. - Grandson of Man - Monday, Apr 27, 20 @ 9:06 pm:

    The only thing working to reduce death and suffering is the stay at home order and mandatory social distancing. Is it any surprise that the people who want to bust unions, strip regulations for a more polluted world and repeal the ACA would support prematurely ending the stay at home order?


  167. - Oswego Willy - Monday, Apr 27, 20 @ 9:09 pm:

    - Tynie -

    Patience…

    “Don’t wait for it to happen. Don’t even want it to happen. Just watch what does happen.”

    - OW


  168. - Amalia - Monday, Apr 27, 20 @ 9:17 pm:

    Maybe they want the t shirt rights…. Constitutional right to fish.


  169. - West Side the Best Side - Monday, Apr 27, 20 @ 9:32 pm:

    Maybe, as MrJM pointed out last week, in addition to not responding to anonymous commenters, people should not respond to commenters who use either inappropriate capitalization and all caps.


  170. - A Jack - Monday, Apr 27, 20 @ 9:41 pm:

    @Cadillac… according to the IDPH website, Clay has only had 2 cases and zero deaths. Two cases are 1/10 of a percent of the population of that county. That whole south-eastern part of the state has had few cases.


  171. - jackmac - Monday, Apr 27, 20 @ 9:43 pm:

    From the White House to downstate Xenia-phobia, Republicans will be the death of us.


  172. - Blue Dog Dem - Monday, Apr 27, 20 @ 9:51 pm:

    This takes JB off the hook.


  173. - Mitchell P - Monday, Apr 27, 20 @ 9:55 pm:

    There is no empirical evidence that lockdowns are worthwhile versus moderate social distancing. The amount of destructions these lockdowns have wrought on children especially is enormous. The government needs to provide hope to it’s citizenry. All Daycares need to be opened immediately for countless reason.

    https://www.wsj.com/articles/do-lockdowns-save-many-lives-is-most-places-the-data-say-no-11587930911?redirect=amp#click=https://t.co/K3CxuQFf9w


  174. - PrairieChicken - Monday, Apr 27, 20 @ 9:56 pm:

    Unfortunately this is providing yet another distraction from what we need to do going forward. If we are going to start opening the state up at some point we have to look at certain things: (1) How will factories and processing plants be able to function with social distancing? Currently some of these places are set up to cram the maximum number of workers into the minimal amount of space. To spread people out will reduce the productivity possibly to the point where they will lose money. Will they get bailouts? (2) How will people even get to work if they need to rely on public transportation or car pools? (3) Will all sports and concert events need to be cancelled and for how long? (4) Will restaurants be able to remain open if they have to reduce their seating drastically? (5) Will bars, as opposed to sit down restaurants, be able to reopen at all? (6) If more widespread testing reveals a much larger number of cases how will that be distinguished from the natural increase that will occur from increased contact? If we are all of a sudden reporting ten times as many cases mainly because of more testing, will we need to shut everything down again, throwing things into chaos? Lets keep our eyes on the ball people,


  175. - Anonymous - Monday, Apr 27, 20 @ 9:58 pm:

    I am in Dupage county and believe this lockdown needs to stop here too. No mask wearing for six weeks now May 1st its needed. Come on, people what doctor or scientist makes recommendations in this order. This lockdown is not bases on science, its only based on politics and those fear mongeting politics are harming our state and county economically more the the COVID is killing.


  176. - Oswego Willy - Monday, Apr 27, 20 @ 10:00 pm:

    - PrairieChicken -

    1) The White House protocols will dictate a great deal of your “worries” that seem to be way ahead of thinking, or some serious “concern” with carts before horses.

    2) Testing, Tracking, Treatment. Until those three are figured out, the rest is more want than what might be next?


  177. - Norseman - Monday, Apr 27, 20 @ 10:09 pm:

    === This takes JB off the hook. ===

    To his credit, JB doesn’t want off the hook. That’s what a leader does.


  178. - Huh? - Monday, Apr 27, 20 @ 10:53 pm:

    “There is no empirical evidence that lockdowns are worthwhile versus moderate social distancing.”

    It might be merely anecdotal, but through a combination of social distancing, lock downs and closing of borders, New Zealand has stopped the community spread of covid19, with less that 1500 cases and 19 deaths.

    https://www.npr.org/sections/coronavirus-live-updates/2020/04/27/845304917/new-zealand-says-it-has-won-battle-against-covid-19

    So how is it that one nation has beaten covid19 while the US struggles with the disease?

    Oh, yes MAGA. I forgot.

    Rather than pulling together, the US is pulling apart.


  179. - Tynie - Monday, Apr 27, 20 @ 11:14 pm:

    I’d rather side with the POTUS, than side with someone I suspect will issue EO’s until he’s out of office over this Covid Deal.


  180. - Oswego Willy - Monday, Apr 27, 20 @ 11:19 pm:

    === I’d rather side with the POTUS===

    Then you support not opening up Illinois at all, as we haven’t hit any benchmark to clear phase one.

    It’s tough supporting science, isn’t it?

    :)


  181. - Tynie - Monday, Apr 27, 20 @ 11:27 pm:

    That wasn’t what I meant, OW. I meant “side with” as in “trust.” As I said before, I trust Conservatives and Trump with my life. Pritzker won’t get that faith from me, because he’s left me wondering about the EO thing, which has lead me to believe Anonymous was right about his real motives.


  182. - Huh? - Monday, Apr 27, 20 @ 11:29 pm:

    Friends - let us ignore tynie. This person is a maga troll and not worth our energy.


  183. - Oswego Willy - Monday, Apr 27, 20 @ 11:32 pm:

    === That wasn’t what I meant… I meant “side with” as in “trust.”===

    Welp, that plan and POTUS you trust days we, Illinois, isn’t ready to be open.

    …

    This isn’t Facebook. K? It’s not. The plan the White House has, we shouldn’t open. POTUS yapping about other things is in complete contrast to the plan issued by his White House.

    You trust a man who is going against his own published plan.

    That’s blind faith, not trust.

    They’re different.

    === Pritzker won’t get that faith===

    Here endeth the lesson.


  184. - Tynie - Monday, Apr 27, 20 @ 11:47 pm:

    OW- I’m at peace with where my so-called blind faith is invested. It sounds like a lot of you are the same way with having faith in Pritzker, so I’ll leave y’all to it.

    If my comments get deleted, or I get banned later, that’s fine, too.


  185. - Oswego Willy - Monday, Apr 27, 20 @ 11:52 pm:

    Science is not based on faith… but on fact.

    Move on from me. Thanks.


  186. - Law Man - Tuesday, Apr 28, 20 @ 12:10 am:

    =It is amazing to me how many people, on this blog, and throughout the country are willing to give up their rights==

    What rights are being violated exactly?

    Right to association and right to assemble (limiting groups to 10 violates the US and Illinois Constitution). Right to due process when you issue a public health order quarantining someone without a communicable disease. Right to engage in interstate commerce. Right to compensation for depriving someone of their property (business operations).

    When we sit idly by and let anyone’s rights be taken by government, we’ve all lost our rights. One person mentioned his dad’s underlying condition and the chances of death. I agree, he should self isolate himself but those of us that don’t have heart disease, hypertension or are obese (or some other condition) shouldn’t be quarantined because that does interfere with our right to life, liberty and the pursuit of happiness (right there in the constitution). That’s the lesson for today kids. Perhaps, there will be more lessons as you let your rights disappear under the guise of public health protections.


  187. - Tynie - Tuesday, Apr 28, 20 @ 12:33 am:

    Law Man, I’m genuinely curious. When you refer to the lack of due process, are you meaning it as in the mass-quarantine is a form of unlawful imprisonment?


  188. - Tynie - Tuesday, Apr 28, 20 @ 12:44 am:

    My reason for asking is, I wasn’t sure if due process extended that far when I posted the phrase “life, Liberty & Pursuit of happiness” in a prior comment. I’ve attempted to give my viewpoints since, but I didn’t feel right potentially misusing a term that doubles as a core tenet of our justice system.


  189. - slippery slopes - Tuesday, Apr 28, 20 @ 6:54 am:

    I’m sure this comment will get lost in the partisan sniping, but regardless of the political views of the state rep, and suspect motives in filing the lawsuit, the case does raise issues that need to be addressed.

    We have 3 co-equal branches of government, executive, legislative, judicial. Can the executive branch by emergency order supersede authority of the other branches? If so, for how long? What is the scope of the executive authority? Due to an emergency order can the governor ban the sale of alcohol, sale of guns, sale of junk food, elective surgery, elective abortion? Can the governor restrict freedom of assembly, freedom of speech, freedom of religion? If so, to what extent and for how long? Can the governor mandate that the public must allow tracking on their cel phones to enforce compliance?

    Emergencies by their very nature are temporary. At some point, they become the new normal. I would like to see the legislature step in here and do their jobs. I don’t doubt that JB has our state’s best interests in mind, but a more nefarious Governor could take this opportunity to force sweeping restrictions on things they deem “non-essential” with no input from the legislature or judiciary.


  190. - Blue Dog Dem - Tuesday, Apr 28, 20 @ 7:14 am:

    Just to pose a question. What if this Bailey fellow proves to be the saving grace for what’s left of the Illinois economy?


  191. - So Blue - Tuesday, Apr 28, 20 @ 7:32 am:

    Interesting that the state representative and the judge are both from Clay County. Did they both go out for drinks together after the ruling?


  192. - Oswego Willy - Tuesday, Apr 28, 20 @ 7:35 am:

    - Law Man -

    Explain “asymptomatic”

    Thank you..


  193. - First Amdt Lawyer - Tuesday, Apr 28, 20 @ 7:38 am:

    Injustice anywhere is a threat to justice everywhere.–MLK

    Shouldn’t we be applauding this judge’s ruling if he is indeed right?


  194. - efudd - Tuesday, Apr 28, 20 @ 7:57 am:

    Blue Dog Dem-

    Yes, one man will have, not only a direct, but saving grace for a state that has over 12 million residents and is a economically diverse as Illinois.
    Illinois has also been rated one of the least affected economically by this pandemic.
    You really have gone off the deep end lately.


  195. - PrairieChicken - Tuesday, Apr 28, 20 @ 8:03 am:

    This just goes to show what happens when you have to rely on individual states and don’t have a coordinated national response. We are going to have to change that somehow going forward. BTW: The 1918 flu pandemic lasted 3 years, so we are going to be in this for a while.


  196. - Pundent - Tuesday, Apr 28, 20 @ 8:08 am:

    =Shouldn’t we be applauding this judge’s ruling if he is indeed right?=

    MLK wasn’t protesting over his right to fish. The judge’s ruling is what it is. I’ll let the ILSC decide that. And if the ILSC determines that Pritzker has exceeded his authority it will be dependent on the legislature to act.


  197. - So of 64 - Tuesday, Apr 28, 20 @ 8:55 am:

    Mike McHaney…when you can’t make it in one county as an attorney, you move one County north and become a Judge.
    Enough said.


  198. - Demoralized - Tuesday, Apr 28, 20 @ 8:55 am:

    ==Right to association and right to assemble (limiting groups to 10 violates the US and Illinois Constitution)==

    That’s absurd. Assembly sizes are regulated all the time.

    ==Right to due process when you issue a public health order quarantining someone without a communicable disease==

    Well you’re ok then because nobody has done any such thing. You are free to come and go from your house anytime you please.


  199. - Demoralized - Tuesday, Apr 28, 20 @ 8:57 am:

    Blue Dog:

    We’ve told you time and time again feel free to go volunteer and a hospital in a coronavirus ward. Make sure you don’t wear any protective equipment. Because you and others like you don’t give a flying leap about public health.


  200. - Demoralized - Tuesday, Apr 28, 20 @ 8:59 am:

    ==Shouldn’t we be applauding this judge’s ruling==

    Why would we applaud someone who chose to throw public health to the side and who clearly made a ruling based on personal opinions.


  201. - A Guy - Tuesday, Apr 28, 20 @ 9:03 am:

    ==- @misterjayem - Monday, Apr 27, 20 @ 5:15 pm:

    “Keep that up and maybe a lot of people will do just that.”

    Promise?

    – MrJM===

    Yep.


  202. - Demoralized - Tuesday, Apr 28, 20 @ 9:04 am:

    Here is an example of how this should have been dealt with. Shorter term pain with amazing results. Instead we have people complaining that they can’t go fishing or get their hair cut.

    The reason this is dragging out so long is because we haven’t truly shut everything down. And now we are reaping what we’ve sown. And this thing will linger for weeks and weeks because nobody had the courage to do what needed to be done.

    https://www.cnn.com/2020/04/28/asia/new-zealand-coronavirus-outbreak-elimination-intl-hnk/index.html


  203. - John Deere Green - Tuesday, Apr 28, 20 @ 9:07 am:

    I object to the Speaker’s suggestion that Darren Bailey is in any way a “leader.”


  204. - Elliott Ness - Tuesday, Apr 28, 20 @ 9:15 am:

    How long before the statute is changed and there is no time limit to such an order by a governor in Illinois. Bailey is a self righteous man seeking a few moments in the limelight. J.B. might have be overstepping, might not but Bailey is definitely self promoting. Can you EVER imagine such a self righteous, self promoting blowhard being a state wide leader?


  205. - Oswego Willy - Tuesday, Apr 28, 20 @ 9:19 am:

    === How long before the statute is changed and there is no time limit to such an order by a governor in Illinois.===

    This is concerned trolling.

    There is no “bill”, there are no 60/71 and 30/36…, there’s no immediate call for “indefinite”


  206. - XonXoff - Tuesday, Apr 28, 20 @ 9:22 am:

    == Can you EVER imagine such a self righteous, self promoting blowhard being a state wide leader? ==

    Perfect pitch, EN. Unfortunately, yes. Some of us already see the National example.


  207. - RNUG - Tuesday, Apr 28, 20 @ 9:38 am:

    == right to life, liberty and the pursuit of happiness (right there in the constitution). ==

    That’s only in the preamble to the Declaration of Independence.


  208. - Amalia - Tuesday, Apr 28, 20 @ 10:05 am:

    oh my, go find John Waters….https://www.baltimoresun.com/features/baltimore-insider/bal-married-couple-picks-up-hitchhiking-john-waters-in-kansas-20120521-story.html


  209. - Mr. Smith - Tuesday, Apr 28, 20 @ 10:17 am:

    Here is the link to the plan referenced by Devore:

    https://www.dph.illinois.gov/sites/default/files/publications/illinois-pandemic-flu-plan-050316.pdf


  210. - JoanP - Tuesday, Apr 28, 20 @ 10:26 am:

    @RNUG -

    From Article I, section 1, Constitution of the State of Illinois: “All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness.”


  211. - Pot calling kettle - Tuesday, Apr 28, 20 @ 10:43 am:

    ==From Article I, section 1, Constitution of the State of Illinois: “All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness.” ==

    You shared the first sentence, but not the second: “To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the
    governed.” So the government (which includes the governor and the IDPH) can take actions like stay-at-home EO’s.

    Also, this seems to apply only to men…


  212. - Comma Chameleon - Tuesday, Apr 28, 20 @ 12:05 pm:

    A number of those adding comments on the judge’s ruling seem to think there is something unusual or untoward in Rep. Bailey and the judge appearing to work as if they were Ginger Rogers and Fred Astaire. But let me quote my uncle, a long time transportation lawyer with an excellent record of wins. When I asked him about the secret of his success, his immediate response was, “The first thing you do is find the right judge.”

    (When I looked puzzled he added that it was possible to examine the records of judges and find one with a clear predisposition to favor the side that a lawyer wished to prevail. This is the courtroom the lawyer would seek as the trial court. He continued that this is standard practice, completely uncontroversial, and everyone does it.)


  213. - Pot calling kettle - Tuesday, Apr 28, 20 @ 1:41 pm:

    ==it was possible to examine the records of judges and find one with a clear predisposition to favor the side ==

    I’m guessing Rep. Bailey had an even easier route than that. I suspect the two probably know each other; I would be surprised if they did not chat prior to the filing of the case.


  214. - JustAnotherDownstater - Tuesday, Apr 28, 20 @ 1:49 pm:

    I voted for Pritzker. I have been relatively happy with him, especially coming from my fairly conservative background growing up. I have understood and tried to follow the EO related to sheltering in place. However, there is nothing wrong with questioning every step of the way whether the governor has the authority to do what he has been doing. Honestly, this was bound to happen and I am little surprised it hasn’t happened sooner. Also, just because someone is from down State, doesn’t make them a dumb hick. Watching the Governor laugh and dismiss what many people I know considered a reasonable question was hard to watch. His reaction was unnecessary and incredibly disrespectful to those people who saw value in it. These people down here are very protective of their civil rights-rights that safeguard everyone’s freedom. That isn’t dumb. How to protect civil rights amid a pandemic should be looked at very closely moving forward. Questioning the powers at be is fundamentally apart of who we are as citizens of the United States.


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