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* From the Illinois Supreme Court on the DeVore school mask case…
IT IS ORDERED: Emergency motion by Petitioners for expedited consideration of Petition for Leave to Appeal and any subsequent proceedings on appeal. Allowed. The petition for leave to appeal is denied. In the exercise of this Court’s supervisory authority, the February 4, 2022, temporary restraining order is vacated. (See, e.g., Felzak v. Hruby, 226 Ill.2d 382, 394 (2007) (when an appeal is rendered moot through happenstance, the judgments of the courts below are vacated). The matter is remanded to the Circuit Court of Sangamon County.
Michael J. Burke, J., joined by Overstreet, J., dissenting. Written dissent to follow.
No TRO means it’s now as if Judge Grischow’s ruling never happened. Poof, it’s gone. And since there’s no IDPH emergency rule in place, thanks to JCAR, the whole thing will likely have to start all over if IDPH files a new emergency rule. DeVore can try to litigate it again, but the Supreme Court has vacated a TRO already, so he might want to think again.
* Here’s some background from the state’s appeal…
Accordingly, there is reason to believe that IDPH would issue that rule again if the TRO were vacated […]
Although State defendants hope that additional surges will not materialize, they must have appropriate guidance on these important questions should the need arise to reissue similar emergency rules.
*** UPDATE *** Gov. Pritzker…
Gov. Pritzker’s Statement on the Illinois Supreme Court’s Decision
I’m gratified that the Supreme Court vacated the lower court’s restraining order, meaning that if a school mask mandate needs to go into effect in the future, we continue to have that authority.
I’m also extremely pleased to say that because the CDC has recommended that masks are needed only in areas of high transmission, the State of Illinois will move forward to remove our school mask mandate, effective Monday. We will recommend that all school districts follow CDC guidance and will update our existing guidance in the coming days.
…Adding… There are at least 15 counties in the state (most of them small) with high transmission levels, according to the CDC. Click here and scroll down to the map.
…Adding… From the attorney general’s office…
We are pleased the court acted quickly to vacate the TRO, as the state requested. However, as the case is returned to the circuit court, we will continue to defend the governor’s executive orders to protect all Illinois residents and mitigate the spread of COVID-19.
…Adding… Grasping at straws…
Friday evening’s Supreme Court order canceled the Sangamon County Circuit Court’s restraining order against the governor’s mandates, but the attorney that brought the case on behalf of parents and school staff said the lower court’s underlying premise is still law.
“Even though the temporary restraining order is not in effect, [Sangamon County Circuit Court Judge Raylene Grischow’s] legal analysis is still the law of the state because neither the appellate court or the supreme court overruled her legal analysis,” attorney Thomas DeVore told The Center Square Friday evening.
The legal analysis was all about backing up her TRO, which is now vacated. But you know what’s are gonna you know what.
posted by Rich Miller
Friday, Feb 25, 22 @ 5:59 pm
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