Judge Vacates McHaney Rulings in Bailey vs. Pritzker Case

Sangamon County Circuit Judge Raylene Grischow has vacated decisions by Clay County Circuit Judge Michael McHaney in the lawsuit brought by St. Rep. Darren Bailey against Illinois Governor J.B. Pritzker.

McHaney on July 2 granted summary judgment on two counts of the suit brought by Bailey against the governor and also ruled that his decision extended to all residents of the state of Illinois. Bailey initially brought suit alleging that Pritzker overreached in extending his original emergency order concerning COVID-19.

In her written order Monday, Grischow stated that McHaney was incorrect in stating that state law prohibited Pritzker from extending the emergency order, and was also incorrect that the ruling extended to all Illinois residents.

Judge Grischow also wrote that due to her ruling, a petition filed by Bailey in October asking for adjudication of indirect civil contempt against the governor is denied.

When contacted Tuesday, Bailey spokesman Jose Durbin said no decisions will be made on whether Grischow's ruling will be appealed until after the first of the year.