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

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* 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
Tuesday, Aug 11, 20 @ 4:57 pm

Comments

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…”

Comment by Ron Burgundy Tuesday, Aug 11, 20 @ 5:05 pm
DeVore Cries No More; Loses Home Court Comforts

Comment by Oswego Willy Tuesday, Aug 11, 20 @ 5:05 pm
No more cheap theatre, now we can get a reasoned ruling on the merits.

Comment by Derek Smalls Tuesday, Aug 11, 20 @ 5:15 pm
Will Bailey and DeVore try the U.S. Supreme Ct next?

Comment by Wensicia Tuesday, Aug 11, 20 @ 5:17 pm
=== try the U.S. Supreme Ct next? ===

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

Comment by Rich Miller Tuesday, Aug 11, 20 @ 5:21 pm
Could this be the end of the DeVore Bailey Circus?
I don’t think DeVore has another video in him tonight.

Comment by Club J Tuesday, Aug 11, 20 @ 5:23 pm
But Rich, did the Supremes pass on a man’s right to go fishing?

Comment by The Way I See It Tuesday, Aug 11, 20 @ 5:24 pm
Turn out the lights. This one is over.

Comment by Keyrock Tuesday, Aug 11, 20 @ 5:29 pm
===I don’t think DeVore has another video in him tonight===

I watched the one he did this afternoon. Sheeeesh.

Comment by Rich Miller Tuesday, Aug 11, 20 @ 5:34 pm
Hopefully Sangamon County will quickly wrap up DeVore’s 15 minutes of fame. Welcome to a place with qualified judges, sir.

Comment by Leslie K Tuesday, Aug 11, 20 @ 5:46 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.

Comment by Norseman Tuesday, Aug 11, 20 @ 5:50 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.

Comment by Chicago Cynic Tuesday, Aug 11, 20 @ 5:51 pm
Sounds like Daddy just took the T-Bird away.

Comment by CEA Tuesday, Aug 11, 20 @ 5:52 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.

Comment by Pundent Tuesday, Aug 11, 20 @ 5:54 pm
Bailey’s video was scary enough - not sure I have it left in me today to even go look at Devore’s.

Comment by DownSouth Tuesday, Aug 11, 20 @ 6:07 pm
DeVore’s 15 minutes of fame now at 14:55 and counting.

Comment by The Ford Lawyer Tuesday, Aug 11, 20 @ 6:08 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.

Comment by Quenton Cassidy Tuesday, Aug 11, 20 @ 6:15 pm
Looks like anything DeVore files in the future that’s not in Sangamon County is going to end up there anyway.

Comment by West Side the Best Side Tuesday, Aug 11, 20 @ 6:22 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.

Comment by The Dude Tuesday, Aug 11, 20 @ 7:27 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.

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

Comment by MyTwoCents Wednesday, Aug 12, 20 @ 6:43 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.

Comment by Elliott Ness Wednesday, Aug 12, 20 @ 7:54 am