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* Todd Feurer at CBS Chicago…
A Clay County judge who has repeatedly criticized Gov. JB Pritzker’s stay-at-home order again ruled against the governor on Friday, but stopped short of issuing a statewide temporary restraining order that had been sought by a downstate business owner.
James Mainer and HCL Deluxe Tan had filed a new lawsuit on Thursday, seeking to have the governor’s executive order declared null and void. At a hearing on Friday, Mainer’s attorney, Thomas DeVore, sought a temporary restraining order barring the governor from enforcing the order statewide, but instead Clay County Judge Michael McHaney granted an order only for Mainer and his business.
The temporary restraining order exempts Mainer and HCL Deluxe Tan from the stay-at-home order until June 5, when McHaney will hold another hearing on the plaintiffs’ bid for a permanent injunction.
“Waiting until such time as a hearing might be had on the determination on the merits of the injunction is too great a risk for James and HCL, given their freedom and livelihoods are being stripped away in violation of Illinois law every hour that passes,” McHaney’s ruling states.
The TRO is here.
* Jon Seidel…
The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”
At his daily news briefing, Pritzker said, “it’s clear that the judge in Clay County has his own political agenda.”
* Meanwhile…
The U.S. Attorney also wrote that Bailey "has set forth a strong case that (Pritzker's) orders exceed the authority granted to the governor by the Illinois legislature." pic.twitter.com/ryUNQEQ1NM
— Jon Seidel (@SeidelContent) May 22, 2020
From a Justice Department press release: Pritzker's "orders appear to reach far beyond the scope of the 30-day emergency authority granted to the governor under Illinois law." pic.twitter.com/EeIXqKZA6F
— Jon Seidel (@SeidelContent) May 22, 2020
posted by Rich Miller
Friday, May 22, 20 @ 5:18 pm
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So much for the Feds letting governors run the show. Guess Bailey’s Fox news appearances are paying off.
Comment by The Way I See It Friday, May 22, 20 @ 5:22 pm
**The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”**
Its good to know that the judge so clearly doesn’t understand anything that is happening.
Comment by SaulGoodman Friday, May 22, 20 @ 5:26 pm
“Die avoidably and leave a good looking corpse.”
Comment by Lake Cook Mom Friday, May 22, 20 @ 5:26 pm
=== The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”===
There is nothing judicial there, nothing to the legal argument either.
Matthew Harrison Brady would be… proud?
Comment by Oswego Willy Friday, May 22, 20 @ 5:31 pm
And some wonder why people in greater Chicagoland laugh about downstate rubes. This judge is like a running gag on an old TV sitcom.
Comment by former southerner Friday, May 22, 20 @ 5:37 pm
I am shocked by the judicial restraint of Judge McHaney. Two lawsuits and two rulings that cover 2 people. Just shocked I tell you. /s
Given the opportunity twice for a statewide TRO, he misfired his shot at the Chicago stay at home orders.
Comment by Huh? Friday, May 22, 20 @ 5:45 pm
- some wonder why people in greater Chicagoland laugh about downstate rubes -
If you haven’t heard this same rhetoric out of folks in Chicagoland then you must not be paying attention.
Comment by Excitable Boy Friday, May 22, 20 @ 5:56 pm
We are facing the final days of special session can the Dems file an amendment making Clay County it’s own state with an immediate effective date {Sigh}
Comment by {Sigh} Friday, May 22, 20 @ 6:00 pm
“Matthew Harrison Brady (William Jennings Bryan) would be… proud?”
That’s an old reference. For younger readers,”Inherit the Wind” was written for the stage in 1955 and adapted as a movie in 1960.
Comment by Practical Politics Friday, May 22, 20 @ 6:04 pm
What’s the name of the U.S. Attorney for Southern Illinois? Who appointed him/her? Do that person have aspirations of moving on to DC, or running for electoral office somewhere?
Comment by Lynn S. Friday, May 22, 20 @ 6:07 pm
== We are facing the final days of special session can the Dems file an amendment making Clay County it’s own state with an immediate effective date {Sigh} ==
I could only support that motion if Illinois keeps the mineral rights. I don’t know if there’s anything of value under the ground there, but I’ll set ‘em free as long as we can keep anything of potential future value.
Comment by Lt Guv Friday, May 22, 20 @ 6:08 pm
- Practical Politics -
You are probably one of a very few people I’ve found in my life that finds an Easter egg… to crush it in their hand to seem cool.
You must be fun at parties, lol
Comment by Oswego Willy Friday, May 22, 20 @ 6:15 pm
It should frighten absolutely everyone that the U.S. Attorney filed anything in this case. This is clearly outside the scope of the U.S. Attorney’s Office’s authority and there is zero legal basis for it.
Comment by CG Friday, May 22, 20 @ 6:17 pm
==What’s the name of the U.S. Attorney for Southern Illinois? Who appointed him/her? Do that person have aspirations of moving on to DC, or running for electoral office somewhere?==
https://www.justice.gov/usao-sdil/meet-us-attorney
To answer your other question, it’s never someone’s goal to be US Attorney forever.
Comment by Token Conservative Friday, May 22, 20 @ 6:17 pm
Raise your hand if any of this surprises you?
*crickets*
And, don’t worry, Chicago folks, we have plenty of stereotypes about you all, too.
Comment by Token Conservative Friday, May 22, 20 @ 6:19 pm
Great. The Justice Department is supporting getting rid of the EO, just like it’s supporting getting rid of the ACA. Trump is trying to force people out to congregate settings in the middle of a pandemic, to keep hustling the GOP base for votes. Death for Votes should be the campaign slogan.
Comment by Grandson of Man Friday, May 22, 20 @ 6:29 pm
Low class to mock the Judge. Walmart’s stock increased 10%. They sell everything in their store. No lockdown for multi millionaire companies. However, my neighbor cannot work in her hair salon.
Really? Socialism is a dangerous road to go down.
Comment by MaryLouise Friday, May 22, 20 @ 6:37 pm
=== Low class to mock the Judge===
Judges earn respect by the decisions made in the bench.
The judge may be low IQ… but not low class to mock the silly.
Comment by Oswego Willy Friday, May 22, 20 @ 6:40 pm
“low class to mock the judge…..” it’s not just this case. the guy has a reputation, and it’s not one of good judicial temperament.
Comment by Amalia Friday, May 22, 20 @ 6:41 pm
===Socialism is a dangerous road to go down.===
You think that what we’re going through right now is Socialism? Oh my.
News flash - it ain’t. Turn off Faux News and slowly back away from the POTUS Twitter timeline.
Comment by Osborne Smith III Friday, May 22, 20 @ 6:41 pm
What question of federal law was the US Attorney addressing? Right, none. But he certainly was doing a little meddling on behalf of the child in chief.
The clay County ruling was as expected.
Comment by JS Mill Friday, May 22, 20 @ 6:45 pm
This judge needs to go. Can’t even make a legal argument for his rulings. Barr better be careful with allowing the Justice Department to issue these decisions. Might get disbarred in New York
Comment by Glengarry Friday, May 22, 20 @ 6:49 pm
MaryLouise - did you cash your stimulus check?
Comment by Joe Bidenopolous Friday, May 22, 20 @ 7:17 pm
=== MaryLouise - did you cash your stimulus check?===
Aw.
- Joe Bidenopolous -
Now you’re just showing off…
Comment by Oswego Willy Friday, May 22, 20 @ 7:18 pm
“Walmart’s stock increased 10% *** Socialism is a dangerous road to go down.”
That there’s some weapons-grade derp.
– MrJM
Comment by @misterjayem Friday, May 22, 20 @ 7:19 pm
Hey JS - The US attorney was addressing the issue of whether the case would be properly adjudicated in FEDERAL court or state court. Try tor stronger reading comprehension.
Comment by Captain Obvious Friday, May 22, 20 @ 7:45 pm
Judges will usually let lawyers draft routine orders, but to just sign the order drafted by the plaintiffs’ lawyer for a case of this importance is just lazy. Don’t you want to make people think you’ve put some effort of your own in reaching a decision. Also, the U.S. Attorney must be auditioning for a federal court appointment by issuing the press release and not just letting the court filing speak for itself.
Comment by West Side the Best Side Friday, May 22, 20 @ 8:12 pm
“whether the case would be properly adjudicated in FEDERAL court”
Beetle’s case claimed violations of federal constitutional rights. So why is it proper to adjudicate in State court?
As you said, reading is fundamental.
Comment by Huh? Friday, May 22, 20 @ 8:40 pm
CG makes a very sobering point.
Comment by Original Rambler Friday, May 22, 20 @ 8:54 pm
Not a lawyer, but if there are federal issues raised in this case, or by the judge’s remark, ““if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will,” it would seem they are addressed in today’s 7th Circuit appellate court ruling that: “The Governor’s Executive Order 2020-32 responds to an extraordinary public health emergency. See generally Jacobson v. Massachusetts, 197 U.S. 11 (1905). The Executive Order does not discriminate against religious activities, nor does it show hostility toward religion. It appears instead to impose neutral and generally applicable rules, as in Employment Division v. Smith, 494 U.S. 872 (1990).”
Comment by olddog Friday, May 22, 20 @ 9:03 pm
Hey captain oblivious- this is a matter for the states, try reading the Constitution. The Gederal government has no say in state declarations of emergency. Powers not specifically granted to the federal government are left to the states.
Give it a read someday.
Comment by JS Mill Friday, May 22, 20 @ 9:40 pm
Federal not “Gederal”
Comment by JS Mill Friday, May 22, 20 @ 9:42 pm
I’m going to abstain from commenting on this one. Rich knows why …
Comment by RNUG Friday, May 22, 20 @ 9:44 pm
@RNUG- teasing us, no fair.
Comment by JS Mill Friday, May 22, 20 @ 10:05 pm
==if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.==
While the judge may be a joke, I’ll answer this as a serious assertion.
The answer, judge, is this: At Wal-Mart you are in a large space with a relatively small number of people per unit area and those people are passing through fairly quickly and not talking much, so the concentration of respiratory particles is likely to be low. In church, you are in a much smaller space with a high number of people per unit area who are in the same space for at least an hour and are talking and singing, so the concentration of respiratory particles is likely to be high. The answer to your question is: When it comes to viral spread, attending church has a much higher risk than shopping at Wal-Mart. Also, to get the food you need to live, most people need to go to the store; to get in touch with God, no one needs to go to church. (My understanding is that God is everywhere and praying can be done anywhere, at any time.)
Comment by Pot calling kettle Friday, May 22, 20 @ 11:01 pm
Pot calling kettle, fantastic (banned punctuation).
Comment by Lynn S. Saturday, May 23, 20 @ 12:05 am
US Attorney from So Cal wrote a letter to Mayor of LA, and Gov of Calif warning them that they might not have the legal authority to continue their stay at home orders, business restrictions etc. No laws actually cited.
Did DOJ/Burr put out the word?
Comment by walker Saturday, May 23, 20 @ 7:02 am