Capitol Fax.com - Your Illinois News Radar » State loses narrow procedural issue, will file to reconsider on the merits
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
State loses narrow procedural issue, will file to reconsider on the merits

Tuesday, Oct 20, 2020 - Posted by Rich Miller

* Center Square

A judge on Monday denied Gov. J.B. Pritzker’s motion to vacate the orders of a Clay County judge who had ruled against the governor.

The governor could still challenge the ruling in the case filed by state Rep. Darren Bailey, which claimed Pritzker had exceeded his executive authority during the pandemic.

The ruling by Seventh Judicial Circuit Court Judge Raylene Grischow said the governor could challenge the Clay County ruling for other reasons, but not over jurisdiction.

Grischow ruled that a Clay County judge had jurisdiction to issue a July 2 order that struck down Illinois Gov. J.B. Pritzker’s executive orders on COVID-19 beyond the initial 30-day period.

Oral arguments on the merits of the case are set for Dec. 7.

Grischow entered an order Monday that denied the governor’s motion to vacate the Clay County Judge’s order. The governor had claimed Clay County Judge Michael McHaney didn’t have jurisdiction.

“Considering the foregoing cases, along with the fact that it is well settled that public documents which are included in the records of other courts may be the subject of judicial notice, along with the fact the parties handed the Clay County Court a copy of the Order of Remand which was filed instanter on July 2, 2020, this court finds that the Clay County Circuit Court did in fact have jurisdiction,” Grischow wrote.

The Order of Remand was from the federal court, which sent the case back to the circuit court.

McHaney’s order over the summary struck down Pritzker’s executive orders beyond the initial 30-day period from the first COVID-19 related order. The ruling said it shall apply to all commonly situated citizens of Illinois, not just state Rep. Darren Bailey, R-Xenia, who filed the case in Clay County.

Grischow said if the governor wants to challenge McHaney’s order on the merits, his legal team has until Oct. 30 to file such a motion. Final filings would be by Nov. 20, 2020. Oral arguments on that are set for 1:30 p.m. on Dec. 7.

The Illinois Attorney General’s office wasn’t immediately available for comment after 5:30 p.m. Monday.

Bailey’s attorney, Thomas DeVore, said he looked forward to arguing the substance of the case.

“Should the governor want to move to have Judge Grishow reconsider McHaney’s ruling, I look forward to arguing in front of her why we believe McHaney made the right decisions on the merits,” DeVore said.

The ruling is here.

* Rep. Darren Bailey

Failed Governor loses AGAIN!

Um, OK.

I was told last night by the attorney general’s office that this was a narrow procedural issue and the office will file a motion to reconsider the Clay County court’s July 2 ruling on the merits, pursuant to the schedule ordered by Judge Grischow.

       

13 Comments
  1. - Go Big - Tuesday, Oct 20, 20 @ 10:34 am:

    The Eastern Bloc has an interesting take on what a “win” entails.

    Brad Halbrook speaks of “defeating” Roger Eddy in a primary when Eddy dropped out of the race to take the job as Executive Director of the Illinois School Board Association.

    A poll just prior to Eddy dropping out of the race to take the State School Board association gig had Eddy up 93% - 7%. Eddy then proceeded to ask his voters NOT to vote for him as he would be unable to serve another term due to the new job.

    In Eastern Bloc fantasyland, this constitutes a “win”.

    Morons . . . . . .all.


  2. - Cubs in '16 - Tuesday, Oct 20, 20 @ 10:34 am:

    Picturing Bailey and Devore showboating a victory lap maskless before tens of adoring fans.

    #winning


  3. - Bacon Bits - Tuesday, Oct 20, 20 @ 10:39 am:

    Narrow procedural issue, lol, right. JB lost because he’s overstepping his authority.


  4. - Go Big - Tuesday, Oct 20, 20 @ 10:42 am:

    =Narrow procedural issue, lol, right. JB lost because he’s overstepping his authority.=

    Um . . . . .the case has not been heard on its’ merits. There is no actual “win” F. Lee Bailey.


  5. - Club J - Tuesday, Oct 20, 20 @ 10:48 am:

    What a mess Bailey and DeVore has made all while people are dying of this virus. I wouldn’t be surprised if they aren’t having some kind of parade in Clay County for Bailey and DeVore after this ruling. The Edgar County Watchdogs were praising them, WMAY asked Senator Paul Schimpf what he was telling his people now the the Governor lost in court.

    What don’t these people understand about what the Governor is doing here. He just isn’t making these rules to hurt businesses. It’s about saving lives. About keeping people out of hospitals. Keep people from getting sick from this virus all together. If everyone just did their part maybe he wouldn’t have to make these hard decisions. My high school friend fought for 38 days in the hospital with COVID and died alone yesterday while Bailey and DeVore boast about this failed Governor. Well shame on them.


  6. - Dotnonymous - Tuesday, Oct 20, 20 @ 10:53 am:

    This case has no merit…stay tuned.


  7. - Cubs in '16 - Tuesday, Oct 20, 20 @ 11:00 am:

    Must be a slow day at the IPI.


  8. - don the legend - Tuesday, Oct 20, 20 @ 11:08 am:

    ==Failed Governor loses AGAIN!==

    Bailey can’t even be original. He has to quote the Super Spreader in Chief.


  9. - Red Ketcher - Tuesday, Oct 20, 20 @ 11:21 am:

    Case where Baily alleges Gov exceeded his authority and in turn , State contends that original Judge also did so by abusing discretion and ruling wrong.
    The new Judge merely avoids such a claim against her on a close procedural technicality.
    Says let it go forward on the Merits .
    ( and based on other Federal & State Court Decisions - a bet on Team Bailey is a Bad Bet )


  10. - Flying Elvis'-Utah Chapter - Tuesday, Oct 20, 20 @ 11:42 am:

    “slow day at the IPI”

    Meanwhile, Greg Bishop will be running with this “story” for days.


  11. - @misterjayem - Tuesday, Oct 20, 20 @ 11:49 am:

    This court found that the Clay County Circuit Court did have jurisdiction over the matter in question.

    The substance of the matter was never addressed.

    At all.

    But I can understand why an attorney with the win-loss record of Thomas DeVore would feel compelled to trumpet this “victory.”

    – MrJM


  12. - duck duck goose - Tuesday, Oct 20, 20 @ 12:24 pm:

    This was an argument on a highly technical issue: was the Clay County judge required to wait until the federal court sent a physical remand order to the circuit court from the federal court before deciding the case. A careful judge would have; he didn’t.

    It’s a curious order as it seems to directly contradict the federal removal statute (28 USC 1447(c)), which says that the state court may proceed with a case after the certified copy of the remand order is mailed to the circuit clerk of the state court. I’m not sure any of the cases cited in the order say what the order claims they do, but even if they did, the most recent Illinois supreme court decision, according to the order, requires a physical copy of the remand order before the state court regains jurisdiction. The order doesn’t seem to be based on any actual legal authority.


  13. - DuPage Saint - Tuesday, Oct 20, 20 @ 4:30 pm:

    Never want to argue anything in court on December 7/s


Sorry, comments for this post are now closed.


* Pritzker says new leadership needed at CTA
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* 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
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
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




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