Illinois AG wants rep’s lawsuit against Governor J.B. Pritzker moved to federal court
The Illinois attorney general filed a motion Thursday to move state Rep. Darren Bailey’s lawsuit against Gov.J. B. Pritzker from the Clay County Circuit to the U.S. Federal Court in the Southern District of Illinois.
Bailey, a Democrat from Xenia, gained national attention earlier this month when he sued Pritzker for enacting the stay-at-home executive order. He won a temporary restraining order that exempted only himself from the rules.
The suit alleges that Pritzker overstepped his authority as governor by imposing, then extending the executive order to temporarily shut down “nonessential” businesses and limit gatherings.
Because Bailey’s complaint alleges a violation of constitutional rights, the Illinois attorney general’s office argued that the federal court has jurisdiction.
A judge will have to rule on that motion.
Thomas DeVore, attorney for Bailey and businesses across Illinois that are challenging Pritzker’s orders, said the state’s motion “could perhaps be the most disreputable invocation of federal jurisdiction ever seen in modern times.”
Devore accused the governor of “forum shopping” and says he plans to file a motion in federal court to return the matter to Clay County.
“Mr. Bailey’s complaint raises nothing but questions of Gov. Pritzker’s authority under specific Illinois statutes,” DeVore said in a statement. “The Attorney General and the Governor have taken Mr. Bailey’s complaint and contrived federal questions where no such questions remotely exist.
“We trust the federal court will remand the matter back to the Circuit Court of this State where it belongs.”
The attorney general’s office had previously been denied a motion to move the the case to Sangamon County and petitioned the state Supreme Court for intervention.
Bailey, of Xenia, filed his case on April 23 alleging that Gov. Pritzker overstepped his power by declaring more than one state of emergency to address the coronavirus pandemic.
Since then, Clay County Circuit Court Judge Michael McHaney ordered Bailey should temporarily not be subject to Pritzker’s stay-at-home order, but an appeals court undid that ruling at Bailey’s request.
On Wednesday, Bailey attempted to enter the Bank of Springfield Center for a special session of the Illinois House of Representatives without wearing a mask over his nose and mouth. Illinois state representatives voted 81-27 to have him removed.
“We cannot ignore nor compromise the health and safety of every member of the General Assembly, their family members, every one of our staffers who works tirelessly for us,” said House Republican Leader Jim Durkin said.
This story was originally published May 21, 2020 at 3:42 PM.
