Bailey v. Pritzker Case is Remanded Back to Clay County Court


Published on June 29 2020 8:08 pm
Last Updated on June 29 2020 9:17 pm
Written by Greg Sapp

Bailey and Pritzker 2020

The case brought by St. Rep. Darren Bailey against Illinois Governor J.B. Pritzker was remanded Monday back to Clay County Circuit Court.

Bailey had been granted a temporary restraining order against having to comply with Pritzker's stay at home order but before the matter of a permanent injunction could be considered, the Illinois Attorney General's Office moved the case to US District Court. Bailey objected and US Magistrate Judge Gilbert Sisson found for Bailey and sent the case back to Circuit Court.

In his ruling, Judge Sisson said it would have been judicial overreach to find for Federal jurisdiction in a case involving state actors accused of violating state laws.

The magistrate did not grant Bailey's request for being reimbursed for fees and costs incurred while the matter was being considered at the Federal level.