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*** UPDATED x3 *** Devore tells reporters he’s won both cases

Thursday, Jul 2, 2020

* 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.

- Posted by Rich Miller        

25 Comments
  1. - Hello Friend - Thursday, Jul 2, 20 @ 3:46 pm:

    I feel like this family has a stack of those “ADA Get Out of Mask Jail” cards when they go to their local WalMart.


  2. - Keyrock - Thursday, Jul 2, 20 @ 3:47 pm:

    Lucky for him, the Appellate Court may not even look at it until Monday, what with the holiday weekend,


  3. - Chatham Resident - Thursday, Jul 2, 20 @ 3:50 pm:

    == Attorney Tom Devore emerged briefly from the Cass County courthouse==

    You mean Clay County, right? Or did I miss something and the trial location got moved to the Western Bloc (Cass County)?


  4. - Norseman - Thursday, Jul 2, 20 @ 3:53 pm:

    I hope he enjoys what he gets from a friendly judge. I suspect he’ll get different results when he gets to judges who live in 2020.


  5. - OneMan - Thursday, Jul 2, 20 @ 3:54 pm:

    Safety precautions harm my children…

    It violates his rights if Timmy has to wear a helmet during football.


  6. - Bruce (no not him) - Thursday, Jul 2, 20 @ 3:57 pm:

    I am shocked that the hometown judge ruled as expected.


  7. - DuPage Saint - Thursday, Jul 2, 20 @ 4:00 pm:

    Don’t these people have anything better to do
    As to the parents: try home schooling. I bet your science class would be entertaining.


  8. - Rich Miller - Thursday, Jul 2, 20 @ 4:03 pm:

    ===You mean Clay County===

    Yes, I did. Oops. lol

    Fixed. Thanks.


  9. - Moe Berg - Thursday, Jul 2, 20 @ 4:05 pm:

    The more things change…

    “A large epidemic of pellagra, a nutritional deficiency disease of the B vitamin, niacin, broke out in the American South in the early 1900s. In epidemiological and nutritional literature the discovery of niacin and the conquest of pellagra are often portrayed as straightforward medical victories. However, when the true etiology of the disease was first discovered by Dr. Joseph Goldberger (a New Yorker), his results were angrily denounced by southern physicians, legislators and the general public. Nearly 20 years elapsed before his conclusions were finally accepted and a co-ordinated public health effort was begun. The reasons for this irrational Southern response are specifically related to the cultural identity and values of the South at this time.”

    “An Epidemic of Pride: Pellagra and the Culture of the American South”, Mary Katherine Crabb, Anthropologica, 1992


  10. - Glengarry - Thursday, Jul 2, 20 @ 4:05 pm:

    Wait until a real judge not from deliverance land gets ahold of this case.


  11. - Rich Miller - Thursday, Jul 2, 20 @ 4:06 pm:

    === Oops===

    There were, by the way, two (count ‘em) typos in the post. The first (quickly changed) was Tony “Luscious” instead of “Yuscious.” Oops.


  12. - Waiting to hear Banjo’s - Thursday, Jul 2, 20 @ 4:11 pm:

    DeVore loves going in front of his hometown Judge who put out a Facebook message after the last court case stating how much he disliked what the Governor was doing. So it’s not surprising the case went the way it did. So I’m wondering if our virus cases increase will Bailey have a plan of attack since we can’t listen to the Governor anymore?


  13. - aHgUhuxJimNvYW - Thursday, Jul 2, 20 @ 4:15 pm:

    zsmSPwyoBT


  14. - FjPYrRWbcs - Thursday, Jul 2, 20 @ 4:15 pm:

    cxFugkqaDfOjmtXC


  15. - Anon221 - Thursday, Jul 2, 20 @ 4:18 pm:

    Here’s Bailey’s case:

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

    Mainers- they are listed separately

    Kali-

    https://www.judici.com/courts/cases/case_history.jsp?court=IL013015J&ocl=IL013015J,2020CH13,IL013015JL2020CH13P2

    James-

    https://www.judici.com/courts/cases/case_history.jsp?court=IL013015J&ocl=IL013015J,2020CH13,IL013015JL2020CH13P1


  16. - Nobody Sent - Thursday, Jul 2, 20 @ 4:21 pm:

    In all seriousness - does DeVore have any clients with legitimate issues?


  17. - Oswego Willy - Thursday, Jul 2, 20 @ 4:22 pm:

    If i were Devore I’d treat it as a Friday News Dump… release it and let it be…

    It’s not like he won the whole ball of wacks… and as other states are rolling back, what is he trying to prove… he’s more out of touch then it appears?


  18. - Oswego Willy - Thursday, Jul 2, 20 @ 4:31 pm:

    === What it looks like here is that nothing really changes.===

    “Withdraw, declare victory.”

    Ambulance chasers at least put on a better show…


  19. - Bruce (no not him) - Thursday, Jul 2, 20 @ 4:42 pm:

    So, is it really a win if nothing changes??


  20. - Cubs in '16 - Thursday, Jul 2, 20 @ 4:42 pm:

    ‘Hey, a moral victory is still a victory; amirite?’ Tom Devore probably


  21. - Token Conservative - Thursday, Jul 2, 20 @ 4:47 pm:

    =Lucky for him, the Appellate Court may not even look at it until Monday, what with the holiday weekend=

    What time Monday does this get rolled over? 9:07?


  22. - Rudy’s teeth - Thursday, Jul 2, 20 @ 4:50 pm:

    A suggestion for the Mainers—definitely homeschooling with a side of Khan Academy.


  23. - fs - Thursday, Jul 2, 20 @ 4:50 pm:

    Does anyone have a copy of the actual ruling instead of multiple news outlets reporting different results? If the judge ruled on the merits of the case, and ruled the Governor didn’t have authority to issue multiple ones, wouldn’t that essentially be a ruling saying the executive order is invalid and not enforceable? If that wasn’t the ruling, then what were the “merits of the law” he ruled on?


  24. - Candy Dogood - Thursday, Jul 2, 20 @ 4:50 pm:

    Do attorneys often lose motions to withdraw their own requests?


  25. - {Sigh} - Thursday, Jul 2, 20 @ 4:56 pm:

    {sigh} I’m over this clown act. Can anyone provide an update on how the Bailey Family Farms is doing? By chance does Darren need to return to the farm full-time?


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