Judge to Rule Whether Lawsuits Against Governor Alleging Overreach Should be Dismissed

Judge Raylene Grischow Wednesday said she will rule within the next two or three weeks whether lawsuits alleging overreach by Governor J.B. Pritzker in battling COVID-19 should be dismissed.

A number of suits were filed in Illinois counties, including one by St. Rep. Darren Bailey of Xenia in Clay County. The allegation is that Pritzker did not have emergency authority to extend his executive order regarding COVID-19 past the initial order issued in March. The Illinois Supreme Court later moved all of the suits to Sangamon County Circuit Court and Judge Grischow was assigned to hear them. 

Illinois Assistant Attorney General Darren Kinkead contended that the state's Emergency Management Act allows the governor to act proactively in an effort to halt the spread of a disease. Kinkead also argued that the plaintiffs had not proved a lack of a public health emergency in the counties where the suits were filed.

Greenville attorney Thomas DeVore is the attorney for all of those who have filed the suits. DeVore contended that if the lawsuits are allowed to proceed, they can obtain the information needed to prove their cases.

The judge directed parties for both sides to submit proposed orders by October 23, and that she will use those to craft her final order in the matter.

Meanwhile, DeVore raised the issue of Bailey's earlier request for a substitution of judge. DeVore said Bailey believes that the Supreme Court "violated his substantive due process rights by not allowing him to change judges", and said Bailey believes there is a potential for federal due process implications. DeVore said he was not waiving any rights, and wanted those issues preserved for later.