Capitol Fax.com - Your Illinois News Radar » *** UPDATED x1 - Pritzker responds *** Will County judge says Clay County rulings “bereft of any meaningful legal analysis,” as Rep. Bailey asks Clay County judge to hold Pritzker in contempt, toss him in jail
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 - Pritzker responds *** Will County judge says Clay County rulings “bereft of any meaningful legal analysis,” as Rep. Bailey asks Clay County judge to hold Pritzker in contempt, toss him in jail

Wednesday, Aug 5, 2020

* June

A group of landlords have accused Illinois Gov. JB Pritzker of overstepping his authority by extending his hold on evictions statewide amid the COVID-19 pandemic. The landlords say Pritzker has illegally interfered with their private contracts, unconstitutionally seized their property, and forced them to subsidize housing for tenants – including some who simply have refused to pay. […]

In short, the landlords said, the public health emergency that was used to justify the eviction moratorium no longer exists, or at least has abated to the point that the moratorium should now be considered illegal.

In addition, the plaintiffs claimed the evictions moratorium exceeded the governor’s authority.

* Circuit Judge John Anderson has ruled against the plaintiffs. The copy I have doesn’t allow for copy and paste, so I’ll summarize.

Judge Anderson noted that five federal judges and “virtually every” Illinois state court judge have upheld the governor’s authority to issue the executive orders. Just one judge, in Clay County, has ruled against the governor.

Anderson then went on to write that the Clay County judge’s rulings are “bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.” He also pointed out that the Clay County judge’s rulings, “like other trial court rulings,” aren’t binding on his court.

Heh.

The judge then went on to explain why he felt the other rulings by judges outside Clay County were persuasive and rejected the plaintiffs’ motion for a temporary injunction on all but one count, which he said didn’t look like a strong argument. It’s worth a read.

* Now, on to Clay County

Illinois Governor JB Pritzker is now facing an Indirect Civil Contempt Motion in the Darren Bailey lawsuit to include a request he be placed in custody in the county jail.

The motion is based on the fact the Governor has ignored the Court’s prior orders and continues to issue Executive Orders as it relates to COVID-19.

The motion requests that Pritzker “be placed in temporary custody within the Clay County Jail until he purges himself by rescinding the above-mentioned executive orders.”

*** UPDATE *** The governor was asked about the Clay County filing today

All I can say is the rulings out of Clay County have been ridiculous. There’s no other court that has ruled as they have on the matter that they ruled on. And in fact there’s a judge on Friday who specifically pointed to Clay County and said that the decision by that judge was bereft of any legal analysis. And I think that’s accurate.

- Posted by Rich Miller        

45 Comments
  1. - Roadrager - Wednesday, Aug 5, 20 @ 12:21 pm:

    Darren Bailey with grand visions of dozens, maybe even a hundred people, fervently chanting “Lock Him Up” as he announces his candidacy for governor.


  2. - NIU Grad - Wednesday, Aug 5, 20 @ 12:21 pm:

    I was thinking of typing a snarky comment or two until I read “until he purges himself by rescinding”. Quite the kangaroo court he’s found down in Clay County. Good luck getting that bailiff past ISP…


  3. - Suburban Mom - Wednesday, Aug 5, 20 @ 12:22 pm:

    What is the end-game here for landlords who get to evict everybody? Are there that many new tenants looking for housing, with first, last, and security deposit in hand?


  4. - Pelonski - Wednesday, Aug 5, 20 @ 12:24 pm:

    “bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.”

    That description is fitting for many of the cases I’ve reviewed from circuit courts. For that reason, I’m not a fan of elected judges. I’m also not a fan of politically appointed judges, either. I’m not sure there is any other way to do it, though.


  5. - Give Me A Break - Wednesday, Aug 5, 20 @ 12:24 pm:

    The Messiah of Clay County is having a bad day.


  6. - Lester Holt’s Mustache - Wednesday, Aug 5, 20 @ 12:25 pm:

    Fishin buddies Bailey and McHaney should attempt a citizens arrest. Footage of them both standing out on 6th street or on the sidewalk of west Randolph chanting “Arreyest that feller” while waiving copies of this filing over their heads would really make my day.


  7. - Rich Miller - Wednesday, Aug 5, 20 @ 12:27 pm:

    ===Footage of them both standing out on 6th street===


  8. - Oswego Willy - Wednesday, Aug 5, 20 @ 12:27 pm:

    Gotta be honest, truly, never had “Lock Up Governor” on my Darren Bailey Bingo Card.

    Thought of it maybe as “Free Space”, but really, even Bailey, “Lock Him Up”… that schtick is old/old, like mockingly old, ‘cept for the old angry white rural voters who couldn’t stand Hillary.

    It dumbfoundedly … bad.


  9. - Oswego Willy - Wednesday, Aug 5, 20 @ 12:28 pm:

    Rich, with today’s “Darren Bailey, Mayberry Moment”

    Hilarious.


  10. - JS Mill - Wednesday, Aug 5, 20 @ 12:29 pm:

    =“be placed in temporary custody within the Clay County Jail until he purges himself by rescinding the above-mentioned executive orders.”=

    Somebody needs to spend a little time in the pokey but it isn’t JB.


  11. - Give Me A Break - Wednesday, Aug 5, 20 @ 12:30 pm:

    “bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.”

    That should be on Bailey’s yard signs.


  12. - Fixer - Wednesday, Aug 5, 20 @ 12:35 pm:

    Maybe if Rep Bailey’s hand picked judge would actually issue a full and complete ruling we could settle this. Instead, they keep playing games to keep it from leaving this judge’s hands.


  13. - Hard D - Wednesday, Aug 5, 20 @ 12:36 pm:

    Rich it couldn’t have been summarized any better then that.


  14. - Club J - Wednesday, Aug 5, 20 @ 12:37 pm:

    I just finished viewing Bailey’s daily devotion from Lake Geneva. He said he had to go there for an Illinois convention because despite the lawsuit Pritzker wouldn’t allow it in Chicago. After all the damage he’s created the last two years Bailey want’s his followers to work hard to make sure Pritzker is gone in two years. Then he started reading from the Bible.

    I did find it interesting the latest Devore wanted poster is anyone in Sangamon County getting a warning or fine from the Mayor or County to contact him and he will handle it. I guess he’s going to put his big boy pants on and come to Sangamon County and file some lawsuits. We’re not in Kansas anymore Dorothy.


  15. - Jibba - Wednesday, Aug 5, 20 @ 12:40 pm:

    And people in Hades want ice water.

    This goes from farce to lunacy. That court case finished yet, judge? Just waiting for the spanking.


  16. - DirtLawyer - Wednesday, Aug 5, 20 @ 12:47 pm:

    Best thing ever: the judge made Rule 304a and 308 findings on his own motion, meaning the appellate court can take up the matter even if plaintiffs don’t appeal, which has apparently been Devore’s strategy so as to preempt any bad precedent against his clients.


  17. - Sayitaintso - Wednesday, Aug 5, 20 @ 12:47 pm:

    I picture the ad for “Darren Bailey - Fightin’ For YOU”. Shows him giving himself uppercuts.


  18. - Leigh John-Ella - Wednesday, Aug 5, 20 @ 12:49 pm:

    Doesn’t the Supreme Court have a judicial inquiry board for judges like this?


  19. - Leigh John-Ella - Wednesday, Aug 5, 20 @ 12:50 pm:

    To clarify, I’m referring to the clay county “judge”


  20. - 47th Ward - Wednesday, Aug 5, 20 @ 1:03 pm:

    What is it about Republicans and conservatives who want to lock up their political opponents?

    Lock him up! Lock him up! I can practically hear the chants already. Or maybe those are echoes of 2016?


  21. - Rudy’s teeth - Wednesday, Aug 5, 20 @ 1:10 pm:

    Whenever I see Darren Bailey team up with Thomas DeVore, I get this strong Laurel and Hardy vibe.


  22. - pool boy - Wednesday, Aug 5, 20 @ 1:13 pm:

    Just when you thought it couldn’t get any weirder.


  23. - revvedup - Wednesday, Aug 5, 20 @ 1:14 pm:

    While Bailey trips merrily through the tulips of his own special Field of Lunacy, it was wonderful to read the Will County judge’s opinion and order, which slays so many of Bailey’s arguments that any appeal will likely result in a huge defeat. The fact that the judge certified several questions shows he’s alert to the fact of a likely appeal, and wants to move things along to gain appellate level answers to end this charade once and for all.


  24. - Fighter of Foo - Wednesday, Aug 5, 20 @ 1:29 pm:

    2020 needs to end.


  25. - country-knower - Wednesday, Aug 5, 20 @ 1:29 pm:

    > For that reason, I’m not a fan of elected judges. I’m also not a fan of politically appointed judges, either. I’m not sure there is any other way to do it, though.

    FWIW, in Brazil, lower courts are filled by having every interested lawyer take a test, then they take the N highest-scoring lawyers and put them on the bench. Not sure if it’s better or worse, but there’s certainly other options.


  26. - Just Observing - Wednesday, Aug 5, 20 @ 1:34 pm:

    === What is the end-game here for landlords who get to evict everybody? Are there that many new tenants looking for housing, with first, last, and security deposit in hand? ===

    Short answer, yes — there are plenty of qualified renters out there need or wanting to move.

    Longer answer, the need to get a non-paying tenant, turn-over the unit (e.g. clean, paint, etc.), and market to a potential new tenant is a better solution, for landlords, than the place being occupied by a non-paying tenant.


  27. - the Patriot - Wednesday, Aug 5, 20 @ 1:37 pm:

    I can’t wait for JB’s 2022 campaign slogan, “look pal, I’m not goin to jail for you or anybody.”


  28. - Anyone Remember - Wednesday, Aug 5, 20 @ 1:42 pm:

    Thought it was “liberal” judges who created constitutional rights out of whole cloth. Then Clay County judge Michael McHaney creates the “constitutional right” to fishing. /s


  29. - Froganon - Wednesday, Aug 5, 20 @ 1:59 pm:

    The Mayberry clip pairs nicely with Bailey/DeVore
    show. Dumb and Dumber in their new series, Legal Stuff for Losers.


  30. - Norseman - Wednesday, Aug 5, 20 @ 2:17 pm:

    I’m glad that Judge Anderson Concurred on my opinion on McHaney’s ruling. /s

    It really didn’t take a law scholar to see the Clay ruling for what it was, nonsense. JB has nothing to fear with respect to his freedom.


  31. - Graduated College Student - Wednesday, Aug 5, 20 @ 2:37 pm:

    Still waiting to hear the downside of the General Assembly voting to merge Clay County into….say….Richland next session. Henry Clay owned slaves anyway.


  32. - Bruce (no not him) - Wednesday, Aug 5, 20 @ 2:53 pm:

    “- pool boy - Wednesday, Aug 5, 20 @ 1:13 pm:

    Just when you thought it couldn’t get any weirder.”
    bailey/devore “Hold my beer”


  33. - Roadrager - Wednesday, Aug 5, 20 @ 3:13 pm:

    Darren Bailey’s in Lake Geneva? Guess he had to scope the joint out for himself after Facebook righties kept accusing the governor of going there every weekend.


  34. - JB13 - Wednesday, Aug 5, 20 @ 3:23 pm:

    So, if one judge rules one way, and other judges rule the other, we should just ignore the one judge?

    Good by me. Let’s eliminate the ability of lone judges to thwart the actions of officials elected by millions. Or does this principle only apply when the “ridiculous” judge isn’t on your side?


  35. - Demoralized - Wednesday, Aug 5, 20 @ 3:39 pm:

    ==we should just ignore the one judge==

    We should ignore the contention that this one judges ruling in once circuit governs the entire state.

    ==Or does this principle only apply when the “ridiculous” judge isn’t on your side?==

    Another victim heard from.


  36. - Denise - Wednesday, Aug 5, 20 @ 3:49 pm:

    The solution to the problem is not just allowing tenants not to pay. What are the landlords supposed to do? Tell the banks, county and utilities that they don’t have the money for the mortgage, taxes or power? Come on.


  37. - 47th Ward - Wednesday, Aug 5, 20 @ 4:24 pm:

    ===even Bailey, “Lock Him Up”… that schtick is old/old,===

    He must be a Banana Republican.


  38. - West Side the Best Side - Wednesday, Aug 5, 20 @ 4:35 pm:

    A trial judge’s ruling in any particular county or circuit only applies to that county or circuit and, as Judge Anderson points out in his ruling is not precedent for any other judge. If the matter reaches the appellate level and if there are different rulings by different appellate districts, trial judges in other districts can choose which one they wish to follow. (Generally trial judges have to follow the ruling in their appellate district, unless different divisions within the district issue differing rulings, but don’t want to complicate things too much at this point.) When then Illinois Supreme Court rules that what every appellate and trial court have to follow. So, this is a very long way of saying, yes we should just ignore the ruling of one judge in Clay County. (And, in an act of judicial kindness,
    Judge Anderson did not name the Clay County judge who issued a ruling “bereft of any meaningful legal analysis” while naming the other trial court judges who did provide legal reasoning in their rulings.)


  39. - Bob - Wednesday, Aug 5, 20 @ 6:50 pm:

    If Judge McHaney’s rulings only apply to Clay County, do the Governor’s Executive Orders stipulate that they apply to all of Illinois except Clay County? If not, he is in violation, and Bailey is right to ask the judge to enforce it.


  40. - Bob - Wednesday, Aug 5, 20 @ 7:53 pm:

    Clay County is part of the 4th Circuit, which includes several other larger counties, with several other judges, and it appears they also uphold Judge McHaney’s ruling. The ruling itself says it applies to the whole state, so either way, it is not just Clay County.


  41. - Pundent - Wednesday, Aug 5, 20 @ 8:08 pm:

    I think ultimately the court decides what sanctions to levy not a state rep. But I’d be very interested in Jim Durkin’s take.


  42. - Club J - Wednesday, Aug 5, 20 @ 8:26 pm:

    @@@@ with several other judges, and it appears they also uphold Judge McHaney’s ruling.@@@@

    Where’s this information coming from? I’ve never heard anything about it.


  43. - Oswego Willy - Wednesday, Aug 5, 20 @ 8:30 pm:

    === He must be a Banana Republican.===

    - 47th Ward -

    Now you’re just showing off…

    :)


  44. - Keyrock - Wednesday, Aug 5, 20 @ 8:37 pm:

    We have alternatives for judicial selection. They are various forms of merit selection. They can be structured in ensure diversity on the panels.

    Merit selection processes don’t remove all forms of politics — but they do raise the floor of the barrel, by eliminating the bottom.


  45. - zatoichi - Wednesday, Aug 5, 20 @ 10:08 pm:

    Last time I heard the term ‘bereft of’ anything was the Python parrot sketch. Per chance Judge Anderson is a fan. That could work as a rewrite.


TrackBack URI

Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Chairman Welch sends letters to potential witnesses, sets hearing date for September 29
* *** UPDATED x1 *** SUBSCRIBERS ONLY: Update to today's edition
* Today's must-read
* Rate the new Dani Brzozowski TV ad
* *** UPDATED x1 *** Governor's office flatly denies CBS 2 rumor about high school sports
* Illinois has 8th worst unemployment recovery year over year, 6th worst recovery since January, 9th highest unemployment rate
* 2,120 new cases, 20 additional deaths, 1,481 people hospitalizations, 3.6 percent positivity rate, 24 counties reach warning level, Will/Kankakee off mitigation
* Open thread
* House investigative committee coverage roundup
* Question of the day
* Hang in there, Maggie!
* Pritzker to sit down with stakeholders after uproar over cannabis lottery process
* Rep. Mason claims she received a "rather threatening note" on her car
* Federal judge rules against Cook County GOP lawsuit to block new vote by mail program
* SUBSCRIBERS ONLY - Supplement to today's edition and some campaign updates
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** LIVE COVERAGE ***
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller