* Mike Miletich…
The controversial lawsuit case between Rep. Darren Bailey (R-Xenia) and Gov. JB Pritzker has regained momentum.
Both parties have waited weeks for a decision on where the case would continue. U.S. Magistrate Judge Gilbert Sison remanded the case back to Clay County on Monday.
The Illinois Attorney General’s office wanted consideration in federal court on May 21. Bailey’s Attorney, Tom DeVore, immediately filed a motion to remand the case to Clay County.
“It is a fundamental principle of federalism that federal courts may hear only certain claims, such as those raising ‘federal questions’ or ‘arising under’ the laws of the United States,” Sison wrote. “A defendant may not remove a case to federal court unless, at the time of removal, a plaintiff’s complaint establishes that there is federal jurisdiction.”
* Bailey’s attorney won’t be awarded legal fees, however. From the opinion…
In his emergency motion to remand, Bailey asks the Court to order the Governor to pay his reasonable fees and costs incurred during the period of time this action was pending in this court. […]
Bailey vigorously argues that Governor Pritzker’s decision to remove this case was frivolous and in bad faith, but the Court disagrees. The removal was timely. The face of the complaint arguably seeks to vindicate constitutional rights, like the right to travel and the right to free exercise of religion, without specifying that it refers only to rights secured by the Illinois Constitution. The Court seriously considered whether Bailey unintentionally pleaded himself into federal jurisdiction by raising a claim under the United States Constitution with this lack of specificity, and the decision in his favor was a close call. As such, the Court does not find that Governor Pritzker lacked an objectively reasonable basis for seeking removal. Thus, the Court will not award any fees under Section 1447(c).
*** UPDATE *** We apparently have a court date…
Since other county judges have ruled in favor of the EO, this likely isn’t gonna matter outside Clay County, population 13,815.