Illinois Governor Appeals Judge’s Stay-at-Home Ruling

April 28, 2020 Updated: April 29, 2020

Illinois Gov. J.B. Pritzker filed an appeal on Tuesday after a judge ruled against an extension of Illinois’ stay-at-home order for a Republican state lawmaker.

Pritzker is attempting to reverse a ruling handed down on Monday by Clay County Circuit Judge Michael McHaney, who issued a temporary restraining order on the extension of the state’s lockdown measures.

“By this interlocutory appeal, Defendant requests that this court reverse and vacate the circuit court’s order of April 27, 2020, dissolve the temporary restraining order, and grant any other appropriate relief,” according to the appeal filed by Pritzker.

It came after Illinois state Rep. Darren Bailey filed a restraining order, arguing that Pritzker didn’t have the authority to extend his stay at home order beyond the initial 30-day period. McHaney agreed and reversed Pritzker’s order, prompting the governor to express his dismay in a news conference while saying he will move to reverse the order before Friday.

“This past week, we discovered this Pandemic Influenza Preparedness and Response Plan, which is law, and this is our answer. This is the law that we should follow instead of listening to one person make up his own rules. That’s the problem,” Bailey told WGN-TV, which also reported on Pritzker’s move to reverse the order.

lori lightfoot
Chicago Mayor Lori Lightfoot tours the COVID-19 alternate care facility constructed at the McCormick Place convention center in Chicago, Illinois on April 17, 2020. (Tyler LaRiviere – Pool/Getty Images)

On Monday, Pritzker said that his office is going to work to reverse the order.

“We are certainly going to act in a swift action to have this ruling overturned,” the governor told reporters on Monday.

The governor said he would continue to issue new health directives until the lawsuit is resolved.

“Representative Bailey’s decision to go to the courts is an insult to all Illinoisans who have been lost during this COVID-19 crisis. It’s a danger to millions of people who might get ill because of his recklessness,” Pritzker said Monday, according to NBC Chicago. “Disasters don’t evaporate on a 30-day timeframe. Legislators took this into account when they wrote this law. We will fight this lawsuit to the furthest means possible.”

Illinois’ public health agency reported a 1,980 additional CCP (Chinese Communist Party) virus cases as of Monday. Fifty deaths were reported, bringing the total to around 2,000.

Under the latest order extension, Illinois would allow for some outdoor activities, and many previously barred surgeries and some medical operations would be able to proceed again, it was reported.

Some retailers can reopen in order to fill online orders or pick them. The governor’s order will also require face coverings for anyone over the age of 2, Fox32 in Chicago reported.