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Another total legal smackdown for Tom DeVore and Darren Bailey

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Illinois

* From the governor’s press secretary Jordan Abudayyeh…

You’ll recall that the Supreme Court moved Darren Bailey’s Clay County case to Sangamon County and consolidated it with the other DeVore Covid cases. The AG’s Office asked Judge Grischow in Sangamon Co to reconsider Judge McHaney’s July 2nd decision to grant summary judgment to Bailey and against the State. Today, Judge Grischow ruled in our favor – vacating Judge McHaney’s decision entirely. Her ruling is attached.

Also, on October 22nd, Bailey filed a motion before Judge Grischow asking her to find the Governor in indirect civil contempt for failing to comply with Judge McHaney’s summary judgment order. Today, Judge Grischow denied that insane and utterly frivolous motion. Her short ruling is attached.

* Highlights…

Motion for Summary Judgment - Count II

Judge McHaney’s Order declared that the Governor’s emergency powers under Section 7 of the IEMAA lapsed on April 8, 2020 and that any executive orders relating to COVID-19 were “void ab initio.” In entering this Order, the Clay County court erred in its application of the law. The Governor is not limited to one disaster declaration. […]

Motion for Summary Judgment - Count III

Judge McHaney said the Governor has no constitutional authority as Governor under the cited provisions of the IEMAA to restrict a citizen’s movement or activities and to forcibly close businesses because any such authority was restricted to the Department of Health. This Court has previously held that the State’s police powers authorize measures to be implemented to protect its citizens when confronted with contagious diseases and other threats to public health and safety. Again, this Court reiterates that the state’s police powers are outlined in both the state and federal constitution and supports the Governor’s actions in combating this pandemic. Without such authority the state would be paralyzed to act when needed. The Illinois constitution provides the Governor with supreme executive authority. […]

Department of Public Health

As to Judge McHaney’s opinion that the Governor’s actions are unlawful because such powers have been expressly delegated to the department of public health, this is also improper. The Public Health Act places no restrictions on the Governor’s emergency powers that exist under the IEMAA. Section 2(m) of the Public Health Act specifically states that “nothing in this section shall supersede the procedures set forth in the IEMAA. […]

No legal basis to bind all Illinois citizens

Judge McHaney’s ruling specifies that his order applies to all Illinois citizens. In order to be bound by a judgment, generally, the individual must be a party to the lawsuit. In this case, only Bailey and the Governor were parties on July 2, 2020. This Court did not find any motion requesting class certification, nor did the Court find any pleaded facts to bring the matter within the statutory prerequisites for a class action. This portion of the Judge McHaney’s Order has no basis in law. […]

For all of the reasons outlined above, this Court is vacating the July 2, 2020 Order that granted summary judgment on counts II and III of Bailey’s amended complaint. This court is also vacating the order wherein Judge McHaney applied it to “all citizens of the state of Illinois.”

The denial of Bailey’s request for an order of indirect civil contempt against the governor is here.

* Tom DeVore predicted the other day that the ruling would be unfavorable, but said…

So, the court in Sangamon County has no discretion as it relates to what would be known as Count Two of Mr Bailey’s complaint. She has to reconsider and set that aside, at the moment she doesn’t have any discretion, because again of a completely unrelated [appellate] case up north.

So once that happens, it will probably happen next week, then we will continue in that case because the case doesn’t go away. We will argue, again in front of her probably at the beginning of the year, my client’s position on why the 30 days is improper, which I think if we can do a better job of that, which will ultimately get that in front of the Fourth Appellate District here in Springfield, and they will take that issue up.

Yeah, that’ll work. Right. Also, she ruled against them on Count III and the statewide issue and the civil contempt issue.

That’s an 0-4 record on one day.

posted by Rich Miller
Monday, Dec 21, 20 @ 5:32 pm

Comments

DeVore is like a slot machine that keeps taking more and more dollars, it has no intention of paying off, but it will take all every dollar until the gambler decides to move on.

If anyone thinks DeVore is upset he’s losing while cashing checks…

Comment by Oswego Willy Monday, Dec 21, 20 @ 5:43 pm
With a record like that, is he auditioning for the Trump Legal Team?

Comment by The Ford Lawyer Monday, Dec 21, 20 @ 5:52 pm
==If anyone thinks DeVore is upset he’s losing while cashing checks… ==

So true, so true…

As long as clients keep sending him checks, he’s on a winning streak. It’s the Trump approach on the local level. Provide people with a simple, comforting lie and they will buy it.

Comment by Pot calling kettle Monday, Dec 21, 20 @ 5:53 pm
OW, he’s more like a jukebox with only one broken record.

Comment by Excessively Rabid Monday, Dec 21, 20 @ 6:13 pm
Tom Devore - moving the goalposts, one loss at a time.

Comment by Johnny Tractor Monday, Dec 21, 20 @ 6:19 pm
As a trial court judge you soon learn that appellate level courts aren’t always going to see your way 100% of the time and have to accept reversals. To be reversed by a fellow trial court judge… that might sting a bit. But at least no one is keeping McHaney away from his Constitutional right to go ice fishing now that winter’s here. As far as DeVore, the hits just keep coming. I’d think his future clients might want to check out his track record before throwing their money away. But hey, there’s a something born every minute, just can’t remember what. I’m sure the word will come to me.

Comment by West Side the Best Side Monday, Dec 21, 20 @ 6:40 pm
0-4 in a single day? You’d think DeVore was “playing” for the Wrigleys, Comiskeys, Bidwills, Halas / McCaskeys, Wirtzes, …

Comment by Anyone Remember Monday, Dec 21, 20 @ 6:42 pm
- Excessively Rabid -… keep feeding that jukebox, says the bartender, get every dime.

- Pot calling kettle - … he’s better than Prof. Harold Hill, less being run out in a rail… just keep paying, keep collecting the grift.

Comment by Oswego Willy Monday, Dec 21, 20 @ 7:17 pm
He has people here in Forgottonia convinced he is totally right and a true patriot.
They literally will not accept the fact that he has been getting annihilated in court on this everywhere else but his home turf.

Comment by btowntruth from forgottonia Monday, Dec 21, 20 @ 7:19 pm
“Constitutional right to go ice fishing now that winter’s here”

Global warming might have some say in this “constitutional right”. /s

Comment by Huh? Monday, Dec 21, 20 @ 7:23 pm
It’s about time for Devore to declare martial law, with power in his exclusive hands. That’ll show ‘em all.

Comment by Lincoln Lad Monday, Dec 21, 20 @ 7:28 pm
The Supreme Court could have solved this a long time ago.

Comment by Hmmm Monday, Dec 21, 20 @ 7:35 pm
Debore - “Show me the money.”

The grift continues.

Comment by Huh? Monday, Dec 21, 20 @ 7:36 pm
Are people really that dumb that they are paying this guy? Don’t you think he is taking these cases just for the publicity?

Comment by DuPage Saint Monday, Dec 21, 20 @ 7:42 pm
“The Supreme Court could have solved this a long time ago.” It needs to get there first. They can’t just pipe up and make a ruling.

Comment by Skeptic Monday, Dec 21, 20 @ 7:45 pm
There’s another post *today* on which DeVore admits he’s trying to keep his cases away from the supreme court. Try keeping up.

Comment by Rich Miller Monday, Dec 21, 20 @ 8:15 pm
DeVore is making Lionel Hutz look like Clarence Darrow.

Comment by DirtLawyer Monday, Dec 21, 20 @ 10:38 pm
Tom DeVore is sort of our version — Illinois’ version — of Sidney Powell. God bless him. You have to admit, he’s a fun addition to Illinois’ political landscape. I hope he doesn’t get sanctioned or investigated or disbarred or anything, because he sure livens things up. If only it wasn’t such a serious matter, though, because his ongoing litigation has served as a green light for many counties and communities to go full-on open.

Comment by Southern Tuesday, Dec 22, 20 @ 8:13 am
Why do people keeping paying him? Because he’s winning — perhaps not in court, but he is winning time. I might be giving DeVore clients too much credit, but perhaps their goal isn’t to eventually win in court, it’s to buy time. I know of counties and communities that have used the existence of DeVore litigation as an excuse for not enforcing mitigations. I know of some DeVore clients that essentially have been full-on open since Day 1. As long as DeVore has some live litigation — a counterclaim, a motion to reconsider, an appeal, whatever — his clients and anti-mitigation community leaders can argue that the legal issue is unresolved, and the governor’s orders should not yet be enforced.

Comment by Southern Tuesday, Dec 22, 20 @ 8:30 am
DeVore’s devotees don’t care if he wins. Every loss reinforces their belief that Ptitzker S*&^ks, freedom is under assault, that the libs are tyrannical and the fight must go on.

Comment by don the legend Tuesday, Dec 22, 20 @ 9:00 am
== I might be giving DeVore clients too much credit, but perhaps their goal isn’t to eventually win in court, it’s to buy time.==

I haven’t been to a DeVore presentation, but I vaguely recall that a friend who did go said that was in fact the strategy: to delay and get politicians to refuse to enforce mitigation. If that’s his MO, it’s worked all too well where I live.

Comment by DirtLawyer Tuesday, Dec 22, 20 @ 9:17 am
This was a pretty thorough legal smackdown of McHaney as well.

Comment by Cubs in '16 Tuesday, Dec 22, 20 @ 9:35 am
Wonder who the doppelganger is at 12/21 @ 7:32pm.

Wasn’t me. But sounds like something I’d post.

Comment by Huh? Tuesday, Dec 22, 20 @ 10:53 am
== I might be giving DeVore clients too much credit, but perhaps their goal isn’t to eventually win in court, it’s to buy time.==

But his clients are getting shut down and, worse, fined. Are they taking in enough in the few days his legal work gets them to pay those fines (and his fees) while still earning a profit?

Comment by Socially DIstant Watcher Tuesday, Dec 22, 20 @ 10:55 am
At some point I would hope the civics lesson here would set in to most of these people. At this point all DeVore is really doing is cementing in the courts, that the Governor is acting within his Executive power. Whether any one of us agrees are disagrees isn’t really the point. Now it would seem that, to some extent, all of these county’s States Attorney, local Public health officials and Law enforcement officers, have little standing in disagreeing to the constitutionality of the Governor’s executive orders..

Comment by 618er Tuesday, Dec 22, 20 @ 11:06 am
The clients of little Tommy are keeping their places of business open but at what cost to their patrons? How many have gotten the virus? How many have died? Tommy needs to go back to fixing tickets and let the judge’s ruling be final.

Comment by The Anti-Devore Tuesday, Dec 22, 20 @ 2:32 pm