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*** UPDATED x1 *** Supreme Court moves Bailey lawsuit to Sangamon County

Tuesday, Aug 11, 2020

* An all-around bad day for Rep. Bailey and Tom DeVore

IT IS ORDERED that the emergency motion for supervisory order is denied. On the Court’s own motion, pursuant to Supreme Court Rule 384, Darren Bailey v. Governor Jay Robert Pritzker, in his official capacity, Clay County No. 20 CH 6, is transferred to the Circuit Court of Sangamon County and consolidated with Riley Craig et al. v. Governor Jay Robert Pritzker, etc., Sangamon County No. 20 MR 589.

What this means is, the Supreme Court punted on deciding the issue at hand and moved the case to Sangamon County, where the governor has previously prevailed.

*** UPDATE *** And another one

Pursuant to Supreme Court Rule 384, James Mainer et al., etc. v. Illinois Department of Public Health et al., etc., Clay County No. 20 CH 13, is transferred to the Circuit Court of Sangamon County and consolidated with Governor J.B. Pritzker, etc., et al. v. Board of Education of Hutsonville CUSD #1 et al., etc., Sangamon County No. 20 MR 557.

This was another Clay County DeVore case. It challenged the state’s mandate for face-coverings and other regulations on schools.

- Posted by Rich Miller        

22 Comments
  1. - Ron Burgundy - Tuesday, Aug 11, 20 @ 5:05 pm:

    Well, maybe Rep. Bailey and the original judge can carpool up to watch, at least. I’m reminded of the first two lines of a Counting Crows song: “This circus is falling down on its knees. The big top is crumbling down…”


  2. - Oswego Willy - Tuesday, Aug 11, 20 @ 5:05 pm:

    DeVore Cries No More; Loses Home Court Comforts


  3. - Derek Smalls - Tuesday, Aug 11, 20 @ 5:15 pm:

    No more cheap theatre, now we can get a reasoned ruling on the merits.


  4. - Wensicia - Tuesday, Aug 11, 20 @ 5:17 pm:

    Will Bailey and DeVore try the U.S. Supreme Ct next?


  5. - Rich Miller - Tuesday, Aug 11, 20 @ 5:21 pm:

    === try the U.S. Supreme Ct next? ===

    Probably not a good move since that court upheld California’s corona rules on churches.


  6. - Club J - Tuesday, Aug 11, 20 @ 5:23 pm:

    Could this be the end of the DeVore Bailey Circus?
    I don’t think DeVore has another video in him tonight.


  7. - The Way I See It - Tuesday, Aug 11, 20 @ 5:24 pm:

    But Rich, did the Supremes pass on a man’s right to go fishing?


  8. - Keyrock - Tuesday, Aug 11, 20 @ 5:29 pm:

    Turn out the lights. This one is over.


  9. - Rich Miller - Tuesday, Aug 11, 20 @ 5:34 pm:

    ===I don’t think DeVore has another video in him tonight===

    I watched the one he did this afternoon. Sheeeesh.


  10. - Leslie K - Tuesday, Aug 11, 20 @ 5:46 pm:

    Hopefully Sangamon County will quickly wrap up DeVore’s 15 minutes of fame. Welcome to a place with qualified judges, sir.


  11. - Norseman - Tuesday, Aug 11, 20 @ 5:50 pm:

    That they didn’t decide the issue was expected and consistent with their earlier ruling. What comes across with change of venue actions was the recognition by the Supremes that the Clay Court was playing political games. A good day for the judicial system.


  12. - Chicago Cynic - Tuesday, Aug 11, 20 @ 5:51 pm:

    Enough’s enough. I guess Supremes figured they didn’t need to rule. Just move it to a more independent court. It’s really a huge rebuke of Judge McHaney in Clay County.


  13. - CEA - Tuesday, Aug 11, 20 @ 5:52 pm:

    Sounds like Daddy just took the T-Bird away.


  14. - Pundent - Tuesday, Aug 11, 20 @ 5:54 pm:

    Somewhat predictable. The ILSC doesn’t seem to have an interest in weighing in on the Governor’s EO authority unless the issue is brought to them on appeal. There’s nothing stopping DeVore from running this through the full judicial process. But that would only make sense if he was pursuing a legal result vs. a political one. And of course doing so, without a cooperating judge, is going to take time and money.


  15. - DownSouth - Tuesday, Aug 11, 20 @ 6:07 pm:

    Bailey’s video was scary enough - not sure I have it left in me today to even go look at Devore’s.


  16. - The Ford Lawyer - Tuesday, Aug 11, 20 @ 6:08 pm:

    DeVore’s 15 minutes of fame now at 14:55 and counting.


  17. - Quenton Cassidy - Tuesday, Aug 11, 20 @ 6:15 pm:

    The transfer is a fairly direct indictment of the Clay County Court’s manner of handling this case. The Supreme Court Rule references “common questions of fact or law…” The Rule leaves the Supreme Court with some discretion in deciding whether to order the transfer. Additionally, the Court did so on it’s own motion.
    Generally speaking, the Supreme Court will allow lower courts to manage their own cases, even if “common questions” exist.
    The credit for the transfer goes to the Clay County judge’s Patrick Henry-ish ‘give me liberty or give me death’ rhetoric.


  18. - West Side the Best Side - Tuesday, Aug 11, 20 @ 6:22 pm:

    Looks like anything DeVore files in the future that’s not in Sangamon County is going to end up there anyway.


  19. - The Dude - Tuesday, Aug 11, 20 @ 7:27 pm:

    The gig is up.

    Sangamon county courts hopefully will wrap this up quickly and we can start using the word DeVore as something that people are against thats obviously best for them.


  20. - Geezus - Tuesday, Aug 11, 20 @ 9:19 pm:

    Amazingly enough, the judge in Clay County, Mike McHaney, ran as a Democrat. It may be a kangaroo court in Clay County, but it is a bipartisan group of joeys.


  21. - MyTwoCents - Wednesday, Aug 12, 20 @ 6:43 am:

    This has got to be a pretty rare move by the Supreme Court, particularly with a case where a judge has already made rulings. Secondly, after this move I think it’s going to be a long time, if ever, before any cases make it to the appellate/Supreme Court level. Bailey/Devore have been in no hurry to appeal any adverse rulings and other than Clay County there haven’t been any rulings against the State.


  22. - Elliott Ness - Wednesday, Aug 12, 20 @ 7:54 am:

    Turn out the lights, the Bailey-DeVore party is over. DeVore was also quite upset at JCAR today…bad day indeed. Bailey is a complete and total joke.


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