Latest Post | Last 10 Posts | Archives
Previous Post: Harmon, Senate thank SHIELD workers: “I have not expectorated in front of anybody on the planet as much as I did in front of these folks”
Next Post: No longer just a bill
Posted in:
* Center Square…
Chicago Public Schools are not allowed to enforce their COVID-19 vaccine or testing mandate on teachers and other staff who sued the district over the policy, a judge ruled Friday.
Sangamon County Circuit Court Judge Raylene Grischow issued a temporary restraining order in the case brought by six CPS staff. […]
Plaintiffs said their constitutional and statutory rights of due process are being violated by the policy.
“Plaintiffs raise a legitimate issue as to what authority the Board has to implement a policy that mandates vaccination given the IDPH is the entity that has “general supervision of the interest of the health and lives of people of the state,” Grischow wrote. “As this court previously held, vaccines and testing are forms of quarantine which are subject to due process.”
She said CPS has not cited any statutory authority to create such a policy.
“Plaintiffs have due process rights in need of protection which must be afforded to them before they can be excluded from the public school building and prevented from performing their world duties due to their decision not to be vaccinated or submit to testing for COVID-19,” she said. “When a right such as the one being violated here is alleged, irreparable injury is satisfied.”
Unreal.
The TRO is here.
posted by Rich Miller
Friday, Apr 8, 22 @ 4:56 pm
Sorry, comments are closed at this time.
Previous Post: Harmon, Senate thank SHIELD workers: “I have not expectorated in front of anybody on the planet as much as I did in front of these folks”
Next Post: No longer just a bill
WordPress Mobile Edition available at alexking.org.
powered by WordPress.
When will the Supreme Court act?
Comment by very old soil Friday, Apr 8, 22 @ 5:07 pm
Why is a CPS case in Sangamon County?
Comment by Dirty Red Friday, Apr 8, 22 @ 5:16 pm
Meanwhile, just yesterday a federal court tossed out the injunction preventing vaccination requirements for federal employees.
By the judges own reasoning here, unless the IDPH has issued a rule preventing masks, then there is nothing *contradictory* in the directives of the school board that satisfies the requirement in the school code for prohibited actions against the IDPHA.
Also, nice to see the school board citing their ability to set a dress code. According to this judge, a student could come to school naked and not be sent home without ‘due process’.
Comment by TheInvisibleMan Friday, Apr 8, 22 @ 5:16 pm
You have to wonder at this point if she may be unfit for that position.
Comment by Big Dipper Friday, Apr 8, 22 @ 5:16 pm
A lot of downstate judges are off their rocker.
Comment by Glengarry Friday, Apr 8, 22 @ 5:21 pm
Activist Judges
Comment by Nick Friday, Apr 8, 22 @ 5:23 pm
Supreme Court can’t act until cases reach them. Cases finding a statute unconstitutional go directly to them, otherwise cases go from the trial court to the Appellate Court, then to the Supreme Court. While the SC can expedite a case that reaches them, they can’t just reach out and grab a case. And, yes, can’t say I disagree with Big Dipper, Glengarry and Nick.
Comment by West Side the Best Side Friday, Apr 8, 22 @ 5:36 pm
= Why is a CPS case in Sangamon County? =
This is a good question, and is a bit out of my wheelhouse.
Previously the state Supreme Court issued an order consolidating cases across the state against the Governors executive orders for a mask mandate into Sangamon County.
But this case isn’t a case against the governors executive orders, but the school board decision in Chicago. The judge also doesn’t cite the previous Supreme Court consolidation order as a reasoning for determining jurisdiction, instead appearing to rely more on labor laws and the ‘Illinois Constitution’ to claim jurisdiction of this circuit court in Sangamon County. Which is a bit weird.
Comment by TheInvisibleMan Friday, Apr 8, 22 @ 5:38 pm
Judge is up for retention in November.
Comment by Thinking Friday, Apr 8, 22 @ 5:39 pm
While I don’t know the history of the case, it seems like CPS should have objected to it being in Sangamon County if they felt the consolidation order shouldn’t apply. If the trial court denied that motion, if it was filed, they could have appealed that order.
Comment by West Side the Best Side Friday, Apr 8, 22 @ 5:46 pm
CPS is not bound by this order as this court does not have jurisdiction.
Comment by JS Mill Friday, Apr 8, 22 @ 5:55 pm
“CPS is not bound by this order as this court does not have jurisdiction.”
Haha, so says the well know radical supposed superintendent from some unfortunate school district outside CPS. You hanging your hat on that one?
Comment by ESR Friday, Apr 8, 22 @ 7:33 pm
Where are the due process rights of people who die or become Ill from COVID because of the refusal of individuals to take reasonable actions to prevent the spread of the disease?
Judge, a million Americans have died. Most of these deaths have occurred after effective preventive measures became available because political malice and misinformation hindered compliance.
Comment by Norseman Friday, Apr 8, 22 @ 8:29 pm
The most absurd thing about this ruling is that for years kids have been excluded from school if they failed to obtain required vaccinations. No due process here.
Comment by Norseman Friday, Apr 8, 22 @ 8:39 pm
== When will the Supreme Court act? ==
When left with absolutely no other choice.
And not before.
Comment by thunderspirit Friday, Apr 8, 22 @ 9:18 pm
The case has to work it’s way up to the Supreme Court. When a trial court issues a final ruling the next step is the Appellate Court, unless it deals with the constitutionality of a statute which would good directly to the Supreme Court. Once the Appellate Court ruled the next step is the Supreme Court. The Supremes can’t just grab a case no matter how important the issue is.
Comment by West Side the Best Side Friday, Apr 8, 22 @ 9:59 pm
Cases have to work their way up to the Supreme Court through the usual process of final ruling in the trial court, then final ruling in the Appellate Court (unless the case deals with the constitutionality of a statute). No matter how important the issue is the Supremes just can’t step in.
Comment by West Side the Best Side Friday, Apr 8, 22 @ 10:07 pm