An Illinois judge has granted a temporary stay against governor J.B. Pritzker’s extention of the state’s coronavirus related stay-at-home order, marking the first time a state court has weighed in on the constitutionality of stay-at-home orders at large.
The stay, though, is severely limited, and Prtizker’s government is declaring all out war on the judge’s decision, immediately petitioning for their own stay, this time of the court’s ruling, and for an emergency hearing in an appeals court.
Illinois State Rep. Darren Bailey, a Republican, filed the lawsuit last week, alleging that while Pritzker has limited power to enact a stay-at-home order to protect Illinois citizens, the emergency that precipiated that order has since passed. Bailey, who represents a district in rural downstate Illinois, says his constituency hasn’t suffered a single case of COVID-19 and residents want to return to work.
They shouldn’t be prevented from making money because Illinois’ urban centers, like Chicago, are still struggling to contain the virus, Bailey says.
The lawsuit was filed “on behalf of [Bailey] and his constituents,” CNN reports, “but the decision by Judge Michael McHaney affects only the lawmaker, citing that Bailey ‘has a clearly ascertainable right in need of immediate protection, namely his liberty interest to be free from Pritzker’s executive order of quarantine in his own home.'”
Bailey, the judge said, “has shown he will suffer irreparable harm if the Temporary Restraining order is not issued,” and the order prohibits Pritzker from “in any way enforcing the March 20 Executive Order against Darren Bailey forcing him to isolate and quarantine in his home.”
Although the order is limited, Pritzker and others fear that Illinois residents in situations similar to Bailey’s — particularly residents who live in rural downstate communities where coronavirus infections are rare — will join the lawsuit and receive their own individual orders, staying and, ultimately, eroding Pritzker’s power.
To drive his point home, Pritzker assailed Bailey in a series of news conferences, blaming Bailey for putting Illinois residents in danger of contracting COVID-19 and, therefore, costing residents’ lives. Pritzker also suggested that Bailey and his legal team had “laughed” when opposing attorneys brought up the possibility of increased COVID-19 deaths, though no other outlet or witness has substantiated that claim.
Pritzker also assailed the judge.
“By agreeing with the plaintiff in this initial ruling, the court set a dangerous precedent,” Pritzker said. “Slowing the spread of this virus is critical to saving lives by ensuring our healthcare system has the resources to treat patients who get sick. We will not stop this virus if, because of this ruling, any resident can petition to be exempted from aspects of the orders that rely on collective action to keep us all safe.”
“We are in possibly the most difficult parts of this journey,” Pritzker added. “I know how badly we all want our normal lives back. Believe me, if I could make that happen right now, I would, but this is the part when we have to dig in.”
Illinois has 48,102 coronavirus infections at last count, and 2,125 deaths. Of those cases, though, around 75% — 31,957 come from Cook County, home to Chicago. With 1,347 deaths Cook County also represents over half of all COVID-19 deaths in Illinois.
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