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Pritzker says legislature and appellate court punted school mask issue

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Illinois

* From Gov. Pritzker’s Q&A with reporters this morning…

Q: Your reaction to the Attorney General filing the appeal at the Illinois Supreme Court? What do you say to those school districts who have gone mask optional, mask recommended? Can you put the toothpaste back in the tube?

A: Well, remember I’ve said for several weeks now that we would be removing the requirement for masks in schools, and that on February 28th we will be removing the mask mandate in indoor settings. So, when you say ‘toothpaste back in the tube,’ I would just say that that was that is our aim and has been our aim all along.

However, the decisions that were made at the circuit court and appellate court level, well, let’s talk about the circuit court. That was just a poor decision, a badly designed reading of the law.

The appellate court, because of the desire of the legislature to, you know, punt, frankly, decided they would punt too. And that’s what they did.

So now this is going to go to the Supreme Court. And this really is about what do we do in the next emergency. As much as anything, what happens when there is another omicron wave, or, God forbid, at some future date, another pandemic or some other major emergency that affects everybody in the state. We want to be able to do the right thing for the people across the state. And so we hope that the Supreme Court will see that and rule on that despite the decision by the appellate court.

Q: Do you want to see legislation to clarify what your powers are?

A: We actually don’t think that there’s any lack of clarity. The judge decided differently, but I also think there were some politics involved in that.

Q: Obviously, there is a conflict here because the courts…

A: The conflict is political. It is not what is in the written law.

* The state’s motions at the Illinois Supreme Court…

* Emergency motion for stay of TRO pending appeal

* Petition for leave to appeal

* Motion for expedited consideration of petition for leave to appeal and any subsequent proceedings on appeal

* Emergency motion for leave to file an oversize petition for leave to appeal

posted by Rich Miller
Wednesday, Feb 23, 22 @ 11:40 am

Comments

It’s only appropriate to call this a “punt” if the point of the metaphor is that the kicker fumbled and the opposing team ran it back for a touch down.

Punt does not accurately describe what has happened. Punts are procedural and a part of a smart, strategic, and common sense approach to winning a football game. If this is a punt, it’s one that has gone horribly, horribly wrong. Calling it a punt is polite, but I suppose Governor Pritzker can’t really tell the media that the legislature is responsible for a complete and abject failure to protect the public health of the people of Illinois.

Comment by Candy Dogood Wednesday, Feb 23, 22 @ 11:45 am
That’s the rhetoric of a guy who’s fixin’ to announce an end to the school mask mandate soon.

Comment by Arsenal Wednesday, Feb 23, 22 @ 11:45 am
“This is our aim and has been all along.”

If that’s true, why did he lobby JCAR to approve the rule? Why is he appealing to the Supreme Court? Why did he specifically exclude schools from the February 28th plan? Unless I’m misreading it, that line doesn’t make any sense at all.

“We actually don’t think there’s any lack of clarity.”

Oh, for sure dude. There’s an executive order still in effect but no implementing rule, a district court judge in Sangamon County is making statewide policy, and there still might be an IL Supreme Court decision that changes everything again. Clear as mud.

Comment by vern Wednesday, Feb 23, 22 @ 11:53 am
“politics involved”

So according to JB, Sangamon County Circuit Court Judge Raylene DeWitte Grischow a GOP judge, and the supermajority DEM General assembly were both motivated by politics and they both failed to support his position. Good to know.

Comment by Donnie Elgin Wednesday, Feb 23, 22 @ 11:58 am
I think I’ll repeat what I said the other day … the appellate court took the path of least resistance and ducked.

This is not a slam at the appellate. court. Court will often do this if there is a procedural defect they can use. If you want to succeed, you have to dot all the I’s and cross all the T’s.

Comment by RNUG Wednesday, Feb 23, 22 @ 12:05 pm
The Governor is correct that this current conflict is political. However, I also believe there are some legitimate arguments about how the emergency power laws are written and the way the Governor has interpreted them.

I would have liked the courts to rule on that so we could finally put that debate to rest. Alas, we got the bizarre quarantine ruling.

Comment by Illiana Wednesday, Feb 23, 22 @ 12:06 pm
==That’s the rhetoric of a guy who’s fixin’ to announce an end to the school mask mandate soon==

100% agreed.

Comment by The Doc Wednesday, Feb 23, 22 @ 12:09 pm
Except both sides agreed that it wasn’t moot. Courts are supposed to address the issues presented. That’s their job. This was shirking responsibility.

Comment by Big Dipper Wednesday, Feb 23, 22 @ 12:10 pm
==Except both sides agreed that it wasn’t moot.==

And while I think I agree with them, it’s not actually their call.

Comment by Arsenal Wednesday, Feb 23, 22 @ 12:12 pm
But there was no reasoned analysis as to why.

Comment by Big Dipper Wednesday, Feb 23, 22 @ 12:13 pm
The appellate decision was completely predictable once JCAR punted. Courts love mootness, and courts hate politically sensitive issues.

I agree with JB though, we need certainty about what the scope of the emergency authority includes. I’d rather get the ILSC to rule on that now, so that we know the answer for the next emergency. Otherwise we’ll just have the same sort of fight if there is a future public health crisis, and just have to re-litigate things again.

Comment by Homebody Wednesday, Feb 23, 22 @ 12:16 pm
Donnie, you left out that the punt was authored by a former GOP state rep.

Comment by Big Dipper Wednesday, Feb 23, 22 @ 12:29 pm
As a teacher in a HS classroom, I can say that it has been absolutely chaos. Not in terms of being mask-optional or recommended. But in terms of community to parents and students and staff what the heck is going on. That (along with the unholy anger of parents at board meetings), has been the worst part of it, and it’s all because of the “punt.”

Comment by Guy Probably Wednesday, Feb 23, 22 @ 12:30 pm
So the Governor agreed that he was trying to put the toothpaste back in the tube? Am I reading that correctly?

I thought he had a license to practice law or at least went to law school and got his degree. Does he understand what moot actually means? He seems to equate mootness to political decision making.

Comment by Louis G Atsaves Wednesday, Feb 23, 22 @ 12:40 pm
=== If you want to succeed, you have to dot all the I’s and cross all the T’s. ===

Which is why it still befuddles me that Devore has been able to win anything. His attention to detail in paperwork is severely lacking, and that’s being kind. That was one of the reasons, of many, he wasn’t able to get class certification.

The judge even ruled on things he didn’t ask for, which also brings up even more issues similar to the Madison county appeal that went in favor of the state.

To say the judges decision is baffling isn’t a stretch either. I can see why it is clear to JB and the AG office.

The sangamon co judge made a very wide ruling on what is considered a quarantine, and the unintended consequences are going to be quite frankly amazing if the decision stands as is. This doesn’t apply to just masks and covid tests, this applies to *everything* the state does.

I’m not going to write any hearsay, but suffice it to say some seemingly unrelated cases will probably be in the news in a few months citing this case, without additional clarification from the state Supreme Court.

Comment by Anonymous Wednesday, Feb 23, 22 @ 12:51 pm
Perhaps the IL Supreme Court didn’t understand Judge Grischow’s TRO to mean that you can’t force people to mask without an order of quarantine (DeVore’s argument). Yesterday it announced it is lifting the mask mandate in courthouses, but specifically stated local courts can still require them.

Comment by Barrett Wednesday, Feb 23, 22 @ 12:51 pm
anonymous @12:51 me.

I’ve been doing that too much lately.

Comment by TheInvisibleMan Wednesday, Feb 23, 22 @ 12:52 pm
Not to change the subject, and even though I still plan to wear one perhaps for years.

Anyone know whether the mask mandate will still be required in State-owned or leased buildings (including the Capitol Complex) after next Monday, or if it will be lifted too? Haven’t heard anything about how state buildings will be affected, if at all. Just so I can be prepared next Tuesday in case I start seeing unmasked employees throughout the complex.

Comment by NonAFSCMEStateEmployeeFromChatham Wednesday, Feb 23, 22 @ 1:01 pm
Candy captures it correctly. I only hope JB holds the Dems on JCAR and in leadership responsible for letting the people of Illinois down. There will be another health issue in the future that will make this relevant and require real leaders to act in a manner that will protect us. The legislative Dems have made it clear they cannot be counted on to see that, and to act appropriately.

Comment by Lincoln Lad Wednesday, Feb 23, 22 @ 1:02 pm
==Yesterday it announced it is lifting the mask mandate in courthouses==

You mean the one Grischow chose not to follow?

Comment by Big Dipper Wednesday, Feb 23, 22 @ 1:31 pm
When the legislature punted, it decided for the courts.

Comment by Lurker Wednesday, Feb 23, 22 @ 1:54 pm
@Big Dipper - yes, exactly the point! She didn’t wear hers properly or require anyone in the courtroom to keep theirs on. She tried to enforce social distancing one time by having non-participants watch from another courtroom, but she gave up as soon as she got push back from them.

Comment by Barrett Wednesday, Feb 23, 22 @ 2:14 pm
All I can say is that Tom DeVore and Raylene Grischow are the last two people qualified to speak to a public health emergency. To paraphrase Mercutio, a plague on both their houses.

Comment by Jocko Wednesday, Feb 23, 22 @ 2:25 pm
This is no longer a health “emergency.” In March 2020, it was an emergency. In February 2022, it’s not. The legislature has had plenty of time to act.

Comment by ajjacksson Wednesday, Feb 23, 22 @ 2:39 pm
==So the Governor agreed that he was trying to put the toothpaste back in the tube? Am I reading that correctly?==

You’re not. He’s saying the state will likely lift the mask mandate for schools before long, but he also wants the supremes to rule for the sake of clarity in the case of a future emergency. At this point that’s a much bigger issue than the current school mask mandate.

Comment by The Velvet Frog Wednesday, Feb 23, 22 @ 2:43 pm
Also, as a high school teacher, we’ve had very little drama or chaos in the last 6-7 school days.

Comment by ajjacksson Wednesday, Feb 23, 22 @ 2:43 pm
=Raylene Grischow are the last two people qualified to speak to a public health emergency=

You are correct - that is why judges like Grishow and Chief Justice John G. Roberts Jr, look at the legality/authority of the entities that are enforcing things like mandates.

Comment by Donnie Elgin Wednesday, Feb 23, 22 @ 2:49 pm
== Grishow and Chief Justice John G. Roberts Jr==

I’m not a fan of Roberts but lumping him in with Grischow is a bit harsh.

Comment by The Velvet Frog Wednesday, Feb 23, 22 @ 3:39 pm