Judge Rules in Favor of Bailey, Against Governor's Orders

Judge Michael McHaney ruled in favor of St. Rep. Darren Bailey and granted his request for summary judgement Thursday regarding whether Governor J.B. Pritzer had the authority to extend his Executive Orders concerning COVID-19. The judge also expanded his decision to affect not just Bailey, as had been sought, but all Illinois citizens.

McHaney denied Bailey's request for summary judgment that Pritzker was wrong in declaring COVID outbreak a disaster, but granted two other Bailey objections. One of those was that Pritzker was "bunny hopping" in continuing the executive orders and should have sought the legisature's endorsement for continuing the declarations. The other objection was the continuing orders are beyond the authority of the legislature being cited by the governor.

In objecting to the requests for summary judgement, Thomas Verticchio of the Illinois Attorney General's Office said Bailey's case were "wrong as a matter of law" and cited other judicial rulings in Illinois that the governor had the authority to extend the orders.

One other matter that had been a part of the motion for summary judgement, a permanent injunction against Bailey having to comply with the governor's original order, was withdrawn by Bailey's attorney, Thomas Devore, since that order has expired.

Judge McHaney also denied an oral motion by Verticchio for summary judgement on the governor's behalf.

Toward the conclusion of the more than two-hour court hearing, the judge asked Devore whether he still wanted a ruling on more than just Bailey's behalf, but on behalf of all Illinoisans. Devore said he would, but didn't write the order since he didn't know what would be the outcome of the hearing. Devore went to get his computer and the order was written up and issued by the judge. The order now covers "all commonly situated citizens", not just Bailey.

Before writing the order, the judge refuted that data drives the Governor's decisions, but more that "it fits his agenda". He said residents can't be required to "cede their rights". He noted that Pritzker cites "experts" in his decision-making, but says we don't know who are those experts. He also said due process is not "flexible", something he says has been indicated by the governor, and said "Hell will freeze before this Court admits that". McHaney said Pritzker's efforts are "absolute power" and said it's "unconstitutional". 

Verticchio indicated that the Attorney General's Office would be appealing the decision.