Supreme Court moves Bailey’s lawsuit to Sangamon County

“As stated in our emergency motion for supervisory relief, there is no legal basis for the governor to be held in contempt for his efforts to combat the COVID-19 pandemic,” a spokesperson for the attorney general’s office said in an email. “We are pleased the Supreme Court granted our request to stay that issue so that it does not continue to serve as an unnecessary distraction from the important matter at hand.”

Thomas DeVore, Bailey’s attorney, is arguing five other civil cases consolidated by the Supreme Court on Wednesday, all challenging aspects of Pritzker’s authority to manage the novel coronavirus pandemic.

Bailey’s lawsuit now joins cases originally based in Edgar, Clinton, Richland and Sangamon counties, all alleging a disaster as defined by statute did not exist there and the governor’s orders should not apply. Another filed by DeVore on behalf of his children argued high school sports should continue despite Pritzker’s restrictions.

McHaney, on July 2, nullified all of Pritzker’s executive orders related to the novel coronavirus pandemic made after April 8 — the date his first disaster proclamation expired. The judge also decided that the Illinois Department of Public Health, not the governor, has the “supreme authority” to close businesses and restrict residents’ activities in a public health emergency.

DeVore argued that by issuing additional decrees after that order, Pritzker performed “contemptuous acts which are calculated to embarrass, hinder, or obstruct this honorable court in its administration of justice, and are expressly calculated to derogate from its authority or dignity.”


via The Southern

August 11, 2020 at 06:46PM

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