Court: Illinois gov won't have to appear in downstate court

Updated 8/11/2020 4:11 PM

CHICAGO -- Gov. J.B. Pritzker won't have to appear in a downstate courtroom this week after the Illinois Supreme Court issued an order Tuesday pausing proceedings in a Clay County case challenging the Democrat's coronavirus-related executive orders.

The state's highest court didn't immediately decide whether to take up the case questioning if Pritzker acted within the scope of his authority in issuing numerous orders designed to curb the spread of COVID-19.


Pritzker's orders have faced several legal challenges, which courts have mostly upheld. But in Clay County, Republican Rep. Darren Bailey of Xenia sued over the restrictions, claiming Pritzker exceeded his authority under state statutes. Judge Michael McHaney ruled in his favor last month.

Pritzker had dismissed the ruling as 'úridiculous,'Ě noting others in his favor.

However, Bailey's attorney Tom DeVore accused Pritzker of breaching the ruling. Haney set a Friday hearing for Pritzker to explain.

On Monday, the Illinois attorney general's office requested the state Supreme Court intervene on both the hearing and 'úthe underlying legal question raised by the case.'Ě

'úFrom the outset, the circuit court has departed from ordinary procedures and shown an open hostility to the governor, his emergency actions, and the existence of the COVID-19 pandemic itself,'Ě the motion said.

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DeVore didn't immediately return a message.

Also Tuesday, a state panel approved Pritzker's emergency rules allowing public health officials to issue fines to businesses that don't comply with a statewide mask mandate.


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