Judge Denies Pritzker’s Motion to Vacate Ruling Against COVID-19 Executive Orders

Judge Denies Pritzker’s Motion to Vacate Ruling Against COVID-19 Executive Orders

CHICAGO (AP) – A judge Monday denied Gov. JB Pritzker’s motion to vacate the orders of a Clay County judge who previously ruled against the governor.

The governor could still challenge the ruling in the case filed by state Rep. Darren Bailey, which claimed Pritzker had exceeded his executive authority during the pandemic. The ruling by Seventh Judicial Circuit Court Judge Raylene Grischow said the governor could challenge the Clay County ruling for other reasons, but not over jurisdiction.

Grischow ruled that a Clay County judge had jurisdiction to issue a July 2 order that struck down Illinois Gov. J.B. Pritzker’s executive orders on COVID-19 beyond the initial 30-day period. Oral arguments on the merits of the case are set for Dec. 7.

Grischow entered an order Monday that denied the governor’s motion to vacate the Clay County Judge’s order. The governor had claimed Clay County Judge Michael McHaney didn’t have jurisdiction. The Order of Remand was from the federal court, which sent the case back to the circuit court.

McHaney’s order over the summary struck down Pritzker’s executive orders beyond the initial 30-day period from the first COVID-19 related order. The ruling said it shall apply to all commonly situated citizens of Illinois, not just state Rep. Darren Bailey, R-Xenia, who filed the case in Clay County.

Grischow said if the governor wants to challenge McHaney’s order on the merits, his legal team has until Oct. 30 to file such a motion.

Final filings would be by Nov. 20, 2020. Oral arguments are set for 1:30 p.m. on Dec. 7.

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