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AG’s office is currently dealing with 25 COVID-related lawsuits

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Illinois

* The attorney general’s office sent me a list of active cases it’s handling. Click the pic for a larger image…

Whew.

* Meanwhile, as you’ll recall, the governor obtained a TRO against a handful of schools which refused to implement the state’s mask requirement. Those schools have since appealed. The state’s conclusion…

Finally, it is worth pointing out that Defendants’ argument that the TRO is really a preliminary injunction actually undermines their position in this appeal. If that were true, their appeal lies under Supreme Court Rule 307(a), not Rule 307(d), and this appeal should be dismissed. In any event, Defendants have not identified any basis to conclude that the circuit court’s order under review, if deemed a preliminary injunction, is invalid.

The schools are represented by Thomas DeVore, who is also handling Rep. Darren Bailey’s case.

posted by Rich Miller
Wednesday, Aug 26, 20 @ 12:31 pm

Comments

Huh. So, invoking big emergency executive powers that cost a lot of money and disrupt everyone’s lives, might invite legal challenges to the bounds of said new authority?

Weird.

Comment by JB13 Wednesday, Aug 26, 20 @ 12:53 pm
Huh. So, invoking big emergency executive powers that save lives and protect the population might invite selfish, me only, my rights not so great generation types to get mad?

Comment by Give Me A Break Wednesday, Aug 26, 20 @ 12:58 pm
I’m old enough to remember when the GOP was opposed to frivolous nuisance suits.

Comment by Can Wednesday, Aug 26, 20 @ 1:03 pm
==I’m old enough to remember when the GOP was opposed to frivolous nuisance suits. ==

And when they were opposed to “judicial activism”

Comment by North Park Wednesday, Aug 26, 20 @ 1:07 pm
Forgive me for not paying close enough attention but has Tom DeVore actually achieved anything at this point other than to grow his legal practice and keep the AG’s office busy?

Comment by slow down Wednesday, Aug 26, 20 @ 1:18 pm
Speaking of DeVore. Last night he had a 6:30 Facebook Live something for is followers. I viewed parts of it this morning. They are pretty painful to watch in there entirety. He started by saying the JCAR ruling is illegal. So don’t worry about it and they can’t do anything to you for not following it basically. Then he went on to the mask at the table and bar rule that starts today and said it’s unreal. Said call an attorney if anyone is trying to make you wear a mask. He did claim in his mind the majority of people in Illinois follow his thinking aren’t wearing masks unlike what the Governor says it’s just the rebels out there not doing it.

Then this morning he posted a Facebook post for all healthy people to go to your local testing facility and get tested. This way it will mess up the Governor’s numbers.

You can’t make this stuff up folks…

Comment by Club J Wednesday, Aug 26, 20 @ 1:51 pm
I live in an area under mitigation. My mayor has announced in a letter to residents he won’t be enforcing the mitigation plan as he feels unfair. Some of his supporters cite these lawsuits and the decision in Clay county saying that this proves there is no authority to mitigate. The courts need to move quickly and render a judgement.

Comment by illinifan Wednesday, Aug 26, 20 @ 2:30 pm
Sometimes I wonder whether IBABY was a little too lenient with its pass rates back in the day….

Comment by DirtLawyer Wednesday, Aug 26, 20 @ 2:36 pm
===He started by saying the JCAR ruling is illegal. So don’t worry about it and they can’t do anything to you for not following it basically.===

Not debating the moves by JCAR as I know that is futile here. However, I am curious what the believers in the JCAR ruling think about how actual enforcement would/does work? I’ve spoke with several attorneys and no one seems to understand how you can charge a business with a misdemeanor offense. Individuals come to criminal court, not corporations, LLC’s, entitites. JBP says that no individuals will be charged with a crime, just the business. How do you sentence a business for a crime? How do you jail a business? Honest question, I look forward to someone’s educated answer.

Comment by DeputyDog Wednesday, Aug 26, 20 @ 2:40 pm
===How do you sentence a business for a crime? ===

It’s a fine. Sheesh, man, you cannot possibly be this dense. And if you are, try the Google.

Comment by Rich Miller Wednesday, Aug 26, 20 @ 2:54 pm
DeputyDog:

Business are charged in criminal court all the time. Their punishment for those crimes is usually a fine, though the leaders of those businesses can sometimes also be jailed (think Enron).

Comment by Demoralized Wednesday, Aug 26, 20 @ 2:55 pm
===how you can charge a business with a misdemeanor offense===

Also, dingbat, ComEd agreed to a deferred prosecution arrangement with the feds that came with a, wait for it, $200 million fine.

One more stupid and inane comment like that and you’re gone.

Comment by Rich Miller Wednesday, Aug 26, 20 @ 2:56 pm
Agree with “slow down”.

Comment by pool boy Wednesday, Aug 26, 20 @ 3:06 pm
==said new authority==

The authority isn’t new.

Comment by Demoralized Wednesday, Aug 26, 20 @ 3:37 pm
*One more stupid and inane comment like that and you’re gone.*

Such a nice guy, and so brave behind that keyboard.

Comment by KeyboardKommando Wednesday, Aug 26, 20 @ 4:17 pm
===Such a nice guy===

I am to non-stupid people. And I am often out and about.

Comment by Rich Miller Wednesday, Aug 26, 20 @ 4:27 pm
===so brave behind that keyboard===

Unlike you, my name is on this comment. So, who’s hiding, snowflake?

Comment by Rich Miller Wednesday, Aug 26, 20 @ 4:29 pm
Demoralized -

The authority, assuming you are referring to the state statute upon which the Governor is relying, may not be new; but the degree to which it is being exercised is unprecedented. Regardless of whether one supports the actions taken or not, that fact can not be seriously debated.

The question of whether the Governor has breached the boundaries of his executive authority, and therefore violated the separation of powers provisions of the Illinois Constitution, is a legitimate legal question that must be resolved. Set aside the cartoonish figures involved, if for no other reason than that there are always cartoonish figures to be found in politics, and usually how they are depicted is soaked in political bias, regardless of which party is doing the depicting.

The statute in question explicitly empowers a governor to declare a disaster, which thereby allows him to invoke his Executive Order powers, and that declaration is valid for no more than 30 days. The statute is silent on whether he or she can unilaterally issue a second or subsequent declaration based upon the same set of circumstances. The Governor, based upon an examination of the current statute’s legislative history, is probably so empowered, but that’s not clear because the statute is silent on the issue.
Given this, and that the Democratic majority in the General Assembly seems to have no interest in weighing in, leaves the courts as the sole remedy for someone who s believes a chief executive has overstepped his or her authority.

25 lawsuits seems like a big number, maybe unprecedented. But if so, it’s not the first unprecedented issue we’ve seen since March, and it won’t be the last.

Comment by Quenton Cassidy Wednesday, Aug 26, 20 @ 4:30 pm
=Given this, and that the Democratic majority in the General Assembly seems to have no interest in weighing in, leaves the courts as the sole remedy for someone who s believes a chief executive has overstepped his or her authority.=

Thomas DeVore seems more interested in litigating this on Facebook particularly since the ILSC saw to it to put an end to the farce in Clay county. I would agree that legitimate issues may exist, but the arguments are being advanced individuals who are more interested in “likes” than the constitution.

Comment by Pundent Wednesday, Aug 26, 20 @ 5:03 pm
These lawsuits could and should have been avoided. The GA should have passed a law expressly extending the Emergency Powers during the Pandemic.

I have no inside knowledge on how the Supreme Court will rule. Why does the statute reference 30 days if the Governor can extend it indefinitely? 30 days is enough time to call an emergency session of the GA.

I think the Governor’s actions make sense. Happy with the substance. Not sure on the form.

Comment by Last Bull Moose Wednesday, Aug 26, 20 @ 5:43 pm