Impact of McHaney Ruling in Clay County Still Being Determined

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Published on July 6 2020 9:41 am
Last Updated on July 6 2020 12:04 pm
Written by Greg Sapp

The Governor is still attempting to move ahead with his COVID-19 decisions after Judge Michael McHaney ruled in Clay County Court Thursday J.B. Pritzker overstepped his authority.

A spokesperson for the Governor, Emily Bittner, told the Chicago Tribune that the ruling is not final and did not include an injunction barring the state from enforcing the Governor’s mandates.

The attorney for State Representative Darren Bailey who brought the lawsuit told the Tribune the Thursday rulings were largely preliminary and did not deal directly with the Governor’s authority under Illinois law and the state constitution.

Thomas Devore had indicated after the hearing the provisions were gone and suggested going forward guidelines could be developed in each county by county health departments, or the state legislature could act.

The Governor’s office noted every other court — both state and federal — that has considered the exact issues has agreed with the administration that executive orders protecting Illinoisans’ health and safety are well within the governor’s constitutional authority. The statement says the administration will ultimately seek to appeal the ruling and the Governor continues to urge the people of Illinois to exercise constant vigilance and keep doing what has worked: wash your hands, watch your distance and wear your face covering.

The governor also had a court victory on Thursday when a federal judge ruled against the state Republican Party and three local GOP organizations that challenged the Governor’s cap on meeting size saying it violated their 1st and 14th Amendment rights. The Republicans want political parties to be exempt from size limits for in-person events leading up to the November election.

U.S. District Judge Sara Ellis cited the advice of medical experts and the current rise in infections in ruling that the risks were too great to allow the gatherings without limitation.

The Republican Party says they will appeal. The ruling Thursday came in a request for a temporary restraining order to bar enforcement of the gathering size.

Judge Ellis did not address another one of the federal lawsuit’s contentions that the Governor doesn’t have the authority to extend disaster mandates beyond 30 days.