Unconstitutional Order Challenged in Court

Why Illinois’ Stay at Home Order is Falling Apart in Court

The state of Illinois under Governor JB Pritzker is one that is suffering the most from Coronavirus. Not just the death toll and case load itself, but also the measures taken by the state over the last three months. Pritzker pushed one unconstitutional order after another. And finally, many of those actions are coming to an end– either through mandate or court order.

An Attorney’s Perspective

In many ways, this case is familiar with me already. I’m reading the details now and getting up to speed on how Illinois’ actions were similar to those in my home state of California. Furthermore, this reminds me of cases I’ve taken on against ill-advised laws and statutes. Fortunately, this case pointed in the right direction. However, like other cases I’ve been a part of– including civil rights– there is more work to be done.

A Victory for the Little Guy

Local media reported on the court case, which the state is appealing.

Clay County Judge Michael McHaney allowed James Mainer and the HCL Deluxe Tan salon the ability to open. Governor Pritzker is appealing the case to the Illinois Appellate Court. The temporary restraining order went against Pritzker’s extension to the original 30 day stay at home order.

One area in which the state Attorney General’s office and I agree is that this is a valuable precedent. While IL stated that it could cause health issues, instead the wider precedent is that more court cases will follow. The entire situation is not yet over. In the recent past, two federal judges sided with Governor Pritzker against Illinois churches seeking reopening.

However, there is hope. Judge McHaney granted State Representative Darren Bailey a temporary restraining order allowing him to leave his house last month. At the time, the Judge wrote that the stay at home order violated the state’s Constitution and the rights of Americans.

“The Bill of Rights is being shredded,” he said.

Wider Implications?

There is still much to be discussed over the court case as it stands now. Since it is being appealed by the state, we will likely hear more about it soon. However, this is the first major blow against the emergency powers that states took from citizens since March. Furthermore, the precedent is now set. Other litigants in Illinois and other states will rally against the use of such powers.

From a legal perspective, it looks like the floodgates are now opening.