* GOP press release…
Senate Republican Deputy Leader Sue Rezin (R-Morris) issued the following statement after the Joint Committee of Administrative Rules (JCAR) successfully voted to suspend the Pritzker Administration’s attempt to reissue emergency rules that would have required school districts to enforce the Governor’s school mask mandate despite a recent court ruling. JCAR voted to block the emergency rules with a bipartisan 9-0-2 vote:
“Today, the Joint Committee of Administrative Rules made it clear that we would not accept the Governor’s attempts to go above a court ruling made by a co-equal branch of government.
“Instead of allowing our judicial system to work through its process, the Governor tried to double down on his unilateral approach to COVID-19 mitigations by reissuing the same exact rules that a Sangamon County judge nullified earlier this month. This move was both bad government and dangerous to the rule of law as it ignored the court’s ruling on due process.
“In his quest for power and control, Pritzker and his Administration was willing to further the chaos and confusion for schools throughout the state. With this bipartisan vote, I hope that the Governor finally recognizes that his go-it-alone tactic is not in the best interest of our state or its people.”
I’m waiting on a statement from the governor’s office. But an official did confirm this means that there is no statewide school mask mandate now.
We’ll wait to see what the governor’s office says, but the Democrats asked the governor to pull the emergency rule and I’m told he couldn’t do it because of the appeal of the DeVore case.
Sens. Bill Cunnigham and Tony Munoz voted “Present,” by the way. Sen. Kimberly Lightford was not at the hearing.
“I think it fair to say the committee was uncomfortable with extending an emergency rule that has been invalidated by a court,” Senate President Pro Tempore Cunningham told me this afternoon.
The Democrats are saying they will revisit the emergency rule if the appellate court overturns the DeVore ruling.
* From Senate GOP Leader McConchie…
“In his quest for power at all costs, the Governor attempted to go above the judicial system to continue to require masks in schools, a move that even his Democrat allies in the legislature wouldn’t support. Even they agree he has gone too far.
“Today, the Governor was willing to add to the confusion and chaos that has overwhelmed our schools and parents in the last several days. Fortunately for the people of Illinois, he was stopped.
“Enough is enough. Let’s start governing this state through the rightful democratic process, not under one man’s rule and ego.”
*** UPDATE 1 *** Jordan Abudayyeh at the governor’s office…
The administration understands that members of the Joint Committee on Administrative Rules are awaiting a ruling from the appellate court on this issue. As doctors have said time and again, masks are the best way to preserve in-person learning and keep children and staff safe. We look forward to continuing to work with members of the General Assembly, school districts, parents, communities and all stakeholders to use the tools we have to keep in-person learning. In the meantime, the administration urges all schools and parents to encourage mask-wearing to keep everyone in their schools and communities safe.
…Adding… House Republicans…
The bicameral Joint Committee on Administrative Rules (JCAR) voted 9-0-2 today to block re-implementation of Governor JB Pritzker’s mask mandate for K-12 public and private schools in Illinois in the wake of the February 4 temporary restraining order issued by Sangamon County Circuit Court Judge Raylene Grischow declaring the Governor’s emergency rules as they apply to schools “null and void.”
“Parents and children across Illinois deserve certainty and clarity amid all the confusion and chaos created by Governor Pritzker’s decision to continually go it alone and work only through the courts instead of with stakeholders and families,” Representative Wheeler said in a statement. “Locally elected school boards who are accountable to parents and know best for their districts, along with their local health department experts, should be allowed to make decisions on COVID mitigations that fit their communities best. With JCAR’s bipartisan ruling today, there is no statewide mask mandate in effect for schools, and the decision now belongs with the local school districts.”
All three House Republican members of JCAR voted to reject re-implementation of the Governor’s mask mandate, including Deputy GOP Leader Rep. Tom Demmer (R-Dixon), Assistant GOP Leader Rep. Keith Wheeler (R-Oswego), and Rep. Steve Reick (R-Woodstock).
The Governor’s emergency rule on COVID mitigations for Illinois schools expired on Sunday, February 13. The Administration immediately re-filed the rule on Monday, putting it back into effect unless JCAR voted affirmatively to block it with a minimum of 8 members on the 12-member committee. Nine members voted to suspend the Governor’s emergency rule, with zero voting to keep it in place and two members voting “Present.”
During the hearing, Representative Wheeler suggested to the Illinois Department of Public Health (IDPH) official testifying on behalf of the Pritzker Administration that the agency could have shown respect for the ongoing judicial process by issuing guidance to Illinois schools on recommended COVID mitigations instead of re-filing them as mandates in the form of an emergency rule. The IDPH official rejected that suggestion, reiterating the agency’s position of pressing forward with mandates rather than guidance. Moments later, JCAR voted to approve a motion blocking re-implementation of the Governor’s mask mandate via emergency rule.
…Adding… Sen. DeWitte…
On February 15, the Joint Committee on Administrative Rules (JCAR) voted 9-0-2 to block Governor JB Pritzker’s attempt to reissue emergency rules that would force school districts to enforce his mask, vaccine, and testing mandates. The vote was bipartisan, with three Democrats joining the committee’s six Republicans in suspending the proposed rule. Following the vote, State Senator Donald DeWitte (R-St. Charles) issued the following statement:
“Rather than respecting a decision handed down by the judicial branch of government, Gov. Pritzker still insisted that he, and only he, should have unilateral control over every aspect of the pandemic response. By issuing essentially the same rule that had already been deemed null and void, even his Democrat allies on JCAR could not support him. Even they felt his reissuance of the rule went too far.
“With full knowledge of the court ruling, Governor Pritzker was essentially asking school districts to violate a constitutional right to due process that must be afforded to students and families. It was yet another example of his ‘go it alone’ attitude that shuts out all other coequal branches of government.
“As a courtesy, we offered IDPH and the Pritzker Administration the opportunity to withdraw their rule pending a decision by the Appellate Court. Instead, they chose to double down. They made a poor decision, and today they lost.”
…Adding… Rabine…
Gary Rabine, candidate for Illinois Governor is issuing the following statement on JCAR’s ruling today to suspend the Illinois Department of Public Health emergency rules requiring masks to be worn in schools.
“Today, Illinois Legislators made it clear it’s time for Pritzker’s tyrannical reign to end. Democrats and Republicans slammed Pritzker COVID chaos by stopping his attempt to go around the court order that lifted mask mandates in schools.
The Governor has forgotten we live in a Democracy - which means he needs to consult with elected officials, Illinois citizens and parents before he issues orders regarding their kids’ health and well-being.
This vote today is a flat-out rejection of JB Pritzker and his approach to governing - by even his own party.”
*** UPDATE 2 *** Senate Preside Pro Tempore Bill Cunningham…
“We have an active court case on this matter, the outcome of which should provide clarity for what next steps are needed. Acting now would be premature given that pending ruling and also given the fact that the previous rule amounted to guidance without any real enforcement.”
*** UPDATE 3 *** 4th District Appellate Court…
The Attorney General representing the State Defendants and attorneys DeVore and Gerber representing the plaintiffs are directed to explain how this appeal is affected by the actions taken February 15, 2022, by the Joint Committee of Administrative Rules (JCAR) blocking extension of the Illinois Department of Public Health’s emergency rules. The explanation is due by 1:00 PM, Wednesday, February 16, 2022.
…Adding… Jesse Sullivan…
“Today’s JCAR vote is a victory for separation of powers and the rule of law. Pritzker’s agenda is clearer than ever: seize total control of Illinois kids and schools, answering to no one but his most radical teacher’s union backers. His actions are so extreme that his own party is now rejecting them. And in November, voters will too.”
…Adding… Rep. Bourne…
State Representative Avery Bourne (R-Morrisonville) issued the following statement in response:
“Gov. Pritzker cannot continue to sidestep the legislature, or the courts, and go-it-alone to force his mandates on the families and children of Illinois,” said Bourne. “This is a win for the rights of parents and local school boards to decide what is best for their children, and I commend JCAR for standing up for parents and children today.”
Last week, Rep. Bourne also joined colleagues in sending a letter to the Governor demonstrating the evidence of the unintended harm masking has on the social-emotional and learning of our children and calling for him to drop his appeal. A copy of that letter can be viewed on RepBourne.com.