No Action in Bailey vs Pritzker Suit Before Tuesday


Published on May 22 2020 1:37 pm
Last Updated on May 22 2020 3:21 pm
Written by Greg Sapp

There was no action Friday in the Clay County lawsuit filed by St. Rep. Darren Bailey against Gov. J.B. Pritzker.

A hearing had been scheduled in Louisville, but that began to look doubtful when Pritzker asked the Illinois Attorney General's office to move the case to the Federal courts. It was nearing the noon hour Friday before the Clay County Circuit Clerk's office got word that a telephone conference call has been scheduled for Tuesday in the federal case. Bailey has requested that the case be remanded back to Circuit Court, but that will apparently be part of the matters addressed in the Tuesday call.

In the original circuit court case, Bailey alleged that Pritzker didn't have the authority to extend his Executive Order past 30 days without legislative consideration. He also alleged that Pritzker's actions violated Bailey's civil rights and asked for a temporary restraining order ahead of seeking a permanent injunction.

Bailey later asked the TRO to be withdrawn. He then filed a suit arguing that a ruling 20 years ago by then-Attorney General Jim Ryan's office that a governor couldn't extend a Stay at Home order past 30 days. The AG's office requested a change of venue for the case outside of Clay County, but that request was denied. Then, this week, the office asked the case be reassigned to Federal court, alleging that Bailey's earlier argument that his civil rights were violated by the governor's actions should be argued in Federal court.

There's where things stand heading into the Tuesday conference call.