Local judge rules in favor of Rep. Bailey over Gov. Pritzker in restraining order against the stay-at-home order

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Michael Grovier, Co-Managing Editor

On Monday, Clay County Circuit Court Judge Michael McHaney ruled in favor of State Representative Darren Bailey’s suit, granting a Temporary Restraining Order against Governor Pritzker’s stay-at-home order. Bailey was the only listed plaintiff, so the restraining order only applies to him. Bailey does, however, expect other state groups to follow his actions.

McHaney claims that, by extending the stay-at-home order beyond 30 days, the Governor is continuing to “shred the constitution.” In a televised response, Governor Pritzker stated that “because of his [Bailey’s] recklessness, at best, no one is better off because of this ruling, and at worst, people’s health and safety will suffer tremendously.”

The judge’s order comes as a result of Governor Pritzker’s alleged violation of section seven of the Illinois Emergency Management Agency Act, which states that “the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers.” Bailey claims that executive orders extending past the 30-day period limit his “constitutionally protected freedoms.”

Anne Caprara, Governor Pritzker’s chief of staff, said that the state “will appeal immediately.” Governor Pritzker confirmed this, stating that “The Attorney General handles these kinds of lawsuits. Their people are on-site, and their people are handling the appeals that will take place.” At the moment, the current stay-at-home order remains in place.

Note: Even as this case develops in the coming weeks, the staff of The Navigator encourages its readers to continue to follow CDC and statewide social distancing guidelines. For the latest information about COVID-19, visit https://www.cdc.gov/coronavirus/2019-ncov/index.html.