* Attorney Tom Devore emerged briefly from the Clay County courthouse to tell reporters that he won both cases he was litigating today, according to Tony Yuscious at BlueRoomStream.com, who is on site.
One of those cases was Rep. Darren Bailey’s lawsuit that the state tried to move to federal court. Among other things, Bailey claimed that the governor had no authority to issue multiple Executive Orders on the same topic.
We discussed the other case yesterday…
A southern Illinois couple has filed a lawsuit against the Illinois Department of Public Health and the State Board of Education, alleging that the state’s plans to reopen schools this fall with safety protocols in place will “result in immediate and irreparable harm” to their three children.
The suit, filed in Clay County by James and Kali Mainer, requests a temporary restraining order that would put a halt to mandatory facial coverings, temperature checks, and limitations on groups of 50 or more individuals.
In the lawsuit, which was filed Tuesday, the couple alleges that the IDPH and ISBE “have promulgated unlawful, arbitrary and capricious mandates” that place an “unreasonable burden” on the family’s three children.
The family’s suit says that they have “protectable rights and interests at stake to be free from unlawful, arbitrary and capricious rule making,” and that the rules that state officials have formulated are “unlawful,” since they are only aimed at preventing the spread of coronavirus.
Devore is expected to speak to reporters soon.
*** UPDATE 1 *** OK, what I’m now getting is that on the mask case, Devore withdrew his request for a TRO.
What it looks like here is that nothing really changes.
*** UPDATE 2 *** The AG’s office has ten days to respond in the school mask case.
The judge did declare the EOs after the first one Pritzker issued to be void. Click here. He declined to issue a declaratory judgement. He did grant summary judgement for Bailey.
As to whether this applies anywhere outside Clay County, the AG’s office wasn’t prepared to say one way or another. “We are reviewing the decision and evaluating our options.”
*** UPDATE 3 *** Emily Bittner at the governor’s office…
Every other court – both state and federal – that has considered these exact issues has agreed with the administration that executive orders protecting Illinoisans’ health and safety are well within the governor’s constitutional authority. This includes a federal court decision earlier today. 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. While this one county circuit court has gone a different direction from all of the other cases, the administration will ultimately seek to appeal this ruling, and the Governor will continue to urge the people of Illinois to exercise constant vigilance and keep doing what has worked: wash your hands, watch your distance and wear your face covering.