Broader Challenge to Pritzker’s Emergency Order

From The Center Square:

Second lawsuit challenges Pritzker’s stay-at-home order for entire state

FILE - John Cabello, Illinois
State Rep. John Cabello, R-Machesney Park.

(The Center Square) – State Rep. John Cabello filed a lawsuit Wednesday seeking to block enforcement of Gov. J.B. Pritzker’s emergency stay-at-home order, but Cabello said he wanted to give the governor time to work with state legislators before demanding an immediate stay from a judge.

Illinois has been under a stay-at-home order since March 21. Gov. J.B. Pritzker has said the order, which largely restricts people to their homes and shuttered all nonessential businesses, was implemented to slow the spread of COVID-19.

The original order was set to last through April 7, but the governor extended it through the end of April. Pritzker is expected to sign a modified order that runs through May 30.

That order loosens some restrictions and adds new requirements, such as mandating people use face coverings in places where social distancing is not possible.

Critics, including one other Republican lawmaker who filed a lawsuit, have said the extensions go beyond the governor’s authority to declare such statewide emergencies beyond the initial 30 days set out in the Illinois Emergency Management Agency Act. Pritzker has said he has the authority to issue orders to protect public health.

Cabello, R-Machesney Park, filed the lawsuit Wednesday in Winnebago County Circuit Court. The suit is similar to one filed by state Rep. Darren Bailey, R-Xenia, but Cabello’s seeks to block the stay-at-home order from being enforced on Cabello and “all citizens similarly situated.”

Bailey’s lawsuit was successful in Clay County Circuit Court, where a judge issued a temporary restraining order against the governor in favor of Bailey. The Clay County ruling only applies to Bailey as an individual. The state has appealed the ruling in that case.

Cabello said his suit in Winnebago County had some important differences.

“First, we filed the lawsuit for everyone in the state, but second, I did not file for an immediate stay,” Cabello said. “That means at this point I am willing to slow-walk this just a little bit to try to let the governor do the right thing.”

Pritzker called the court challenges “reckless.” Cabello said he hopes the governor sees the opportunity to work with lawmakers.

“I would like him to use some common sense and to start talking with the legislature to determine what the best way to move forward is,” Cabello said. “I would like to see many of these restrictions lifted for our small business so people can get back to their American way of life.”

Pritzker has also said the court challenges were partisan acts. Cabello said he has worked with the governor on issues in the past and is willing to work with him on this issue.

“This is a way of me signaling to the governor that yet again I’m willing to work with him if he wants,” Cabello said. “If he doesn’t, then I will file for the immediate stay.”

A status hearing in Cabello’s case is set for May 4.

“I’m trying to give him some leeway to deescalate and again make some common sense decision and let’s try to move our state forward together,” Cabello said.

Jordan Abudayyeh, Pritzker’s press secretary, said in a statement Wednesday the governor was focused on saving lives.

“This callous disregard for science, reason, and the value of human life will be settled by the courts,” the statement said. “The governor is focused on the statewide response to COVID-19, an effort that is not just legal, but is keeping people safe and saving lives.”

The governor’s existing stay-at-home order expires on Thursday. He has yet to file the order extending the mandate through the end of May.


Comments

Broader Challenge to Pritzker’s Emergency Order — 38 Comments

  1. Cabello is a police detective.

    I personally believe that he is in the right on this.

    I’m not in any way suggesting that you make the same decision that I make, but I will be keeping a copy of (the first few pages) of this legal filing with me at all times in the event that I am stopped for refusing to wear the mask.

    If Prizker refuses to negotiate with Cabello, as he intends, I suspect more people will be filing similar suits.

    Sounds like Pritzker doesn’t want to negotiate.

    His speech today alludes to the fact that negotiation means that he might have to relinquish the control.

  2. Pritzker is on a mission to destroy Illinois, completing Rauner’s sanctuary state mission.

    When’s he gunna release all the black thugs out of the prisons?

  3. What a fool this guy is, risk people’s health to get his name out there.

  4. Why is it people have such a hard time accepting it is OK for people to fight to protect their constitutional rights?

    If you dont want to go out and about, stay home.

  5. Hey Heinrich. Why is it that someone is “trying to get his name out there” by raising questions that the Governor might be breaking the law?

    I’m actually pretty disappointed that no Democrats have even attempted to question it, but it’s clear that they like free stuff more than the constitution.

    It’s only a “partisan issue” because Pritzker’s made it one.

    In reality, it’s an issue of rights and laws.

    Putting the stops on an authoritarian ruler is not about getting one’s name out there.

    By the way: Nobody is forcing anyone to leave their home.

    Do-nothings just keep using that as an excuse to justify hiding in their corner.

  6. Kirk Allen – Precisely.

    I’m disappointed that there are so many Americans that shame those who want to stand up for their rights.

    Seems that the only infection is a brain infection from other people who have surrendered their rights.

  7. Kirk Allen and all of you conservative fools, what part of the constitution gives you the right to be an asshole and infect other people?

  8. Kirk Allen-Absolutely correct.

    What’s even harder is seeing how many will pick and choose which rights they want to protect based on their own selfish reasons.

    To them it needs to be said that “It’s not about you.”

  9. Lopez and Cal removed a post because I used an F bomb.

    Cal & John have no problem with racist comments like “black thugs”

    Be proud of yourselves, Holy Man Lopez and Skinner.

  10. Yea…
    “naughty” words = very bad!
    blatant racism = totally okay!

  11. **To them it needs to be said that “It’s not about you.”**

    Ah, the irony.

  12. Heinrich, what part of the Constitution gives you the right to be free from infection?

  13. Oh – I would be incensed, I think you should boycott this blog and never post again.

  14. Paul –

    I’m here for two reasons:

    1. To engage in the marketplace of ideas and try to bring a point of view that Cal and Lopez and the right wing followers of this page don’t get in their conservative media bubble.

    2. To call attention to the BS and hypocrisy and the racism that takes place on these message boards.

  15. Steven –

    I could see why you don’t want me to post here ever again, but I’m not going anywhere.

    Very truly yours,
    Oh

  16. Heinrich – Are you our resident public school teacher under a different name now?

    Why can’t you answer the question as to whether or not it’s an American right to challenge an authoritarian politician that might be breaking the law?

    Forget about your feelings for a moment and just ask yourself what makes the US different than many places?

    Plenty of other places you can go if you want to submit to someone’s rule.

    Nobody is asking you to stay if you don’t feel safe with all of those scary Republicans that want you make sure that you have the right to call them an “asshole” tomorrow.

  17. All you identity politics types like Oh are getting to a point where your shallow words don’t even matter anymore. I’ve seen public school teachers post here with comments like: like “white supremacist”, “racist”, “KKK”, and all sorts of insane stuff that’s mostly made-up but pretty harmful. Yet they get bent out of shape by someone referring to prisoners “black thugs” as though we’ve got some protected groups while others are free to be berated and insulted. Yet you use the same stats to scream and whine about groups that are “disproportionately incarcerated” BUT only want to use the statistics when it benefits your cause.

    People are done with it. These tricks don’t work on sensible people. Only truly hateful and nasty people play those games to try to shut down discussion because they can’t seem to discuss these issues in any other way. Their only goal is to attempt to win an argument.

    Maybe it’s more polite to say: “Black thugs that are 5x more likely to be incarcerated than white thugs”. Is that a nicer things for them to say? I think you can look up the stats. People are done being PC now. It doesn’t make them “racist” or hateful to say something that’s truthful. Stop treating people with such hate and disrespect and start trying to have sensible debate.

  18. Mike Madigan is all smiles with Fatty Prickster’s many growing problems.

    Fatty needs to be taken down a few pegs.

    In Mike’s malicious and twisted mind, he sometimes comes up with a true, but jaded appraisal of the political situation.

    Fatty got way too big for XXXXXXXL britches (which burst) and exposed his gigantic rear like the Hans Christian Anderson fable about the naked emperor

  19. My niece was brutally raped by a black thug in ’00.

    It wasn’t a a white, Asian, Native American or Aleut thug.

    Sorry oh, to burst your wish world of racial harmony with stark facts.

    Why is ok for certain races to vote in blocs, but not other races?

    Something big is happening, a new white race consciousness.

    Gay Pride. Black Pride. Indian Pride. Trans Pride. …… make way for White Pride.

  20. “When’s he gunna release all the black thugs out of the prisons?”

    Does this mean Tomahawk thinks white people don’t get sentenced to prison?
    Does this mean Tomahawk thinks thugs cannot be white?
    Does this mean Tomahawk is not worried about white thugs?
    Does this mean Tomahawk is not worried about white people getting released?
    Does this mean Tomahawk thinks JB already released the white thugs and he wants to know when the black thugs will get releases?

    Anyone know what: “When’s he gunna release all the black thugs out of the prisons?” means without it being an racists or insane question?

  21. Oh still playing the race and identity politics game.

    HuffPo and WaPo comments sections have plenty of people that will gladly discuss that with you on how certain groups are disproportionately incarcerated.

    Let’s sugar coat the words so that they don’t hurt your poor little feelings.

  22. I have a comment awaiting moderation while “When’s he gunna release all the black thugs out of the prisons?” is no problem for Cal and Holy man John.

  23. Ohon and the f-bomb is in good company with sleepy, creepy, dementia, plagiarist, dope, dufus Joe Robinette Biden. When there was a live TV signing ceremony of Obamacare in the Whitehouse with President Barak Hussein Obama, Joe leaned over to Barak and said in a live microphone, “This is a big f–king Deal”.

  24. Oh, pretty sure that the system auto-flags trolling with profanity.

    That’s pretty easy for it to do.

    It doesn’t understand made-up attempts at race-baiting though.

    Technology has its limits, and normally it’s gotta process logic since it’s incapable of feeling.

  25. OH-The name is Stephen, reading comprehension not a strong suit.

    Where did I say I didn’t want you to post anymore.

    Your problem is you read way to much into every post and your preconceived notions already guide your beliefs.

    That makes you prejudicial much like the people you rail against.

    Different prejudices but prejudices just the same.

  26. Stephen/Steven – whoa dude… you’re right… you got me… your name is Stephen but I called you Steven and that proves that I cannot comprehend the words I’m reading.

    I think I’ll hide my head in shame or possibly change my name to someone else.

    I am too embarrassed to post under “Oh” now that I have been exposed.

    RIP “Oh”

  27. About damn time.

    But the same BS, we will know who you are.

    You can’t hide stupid.

  28. “Bottom line is, as it stands at this moment, the extension of the stay-at-home order will not be prosecuted or enforced in Woodford County,” the email states.

    “People, not government, need to determine what is best and safest for them, their loved ones, and the community around them.

    “If that means staying at home, then they should.

    “If that means going back to work and opening restaurants and bars and stores, then they should.”

  29. ** People, not government, need to determine what is best and safest for them, their loved ones, and the community around them.**

    Cool. What other laws and orders will he not enforce?

    Every law he does (or does not) enforce is a government law, where government has decided what is best and safest for individuals and the community around them.

  30. King Fred Flintstone needs to stand down…

    go have a hot dog or three…

  31. Paul Revere, it must be difficult for Our Governor, to admit that his wife is appreciative of a Republican Governor in Florida.

  32. The Governor handled this whole thing badly after the 30 days of sheltering in place.

    Kids lost educational instruction, people lost jobs, businesses will close.

    All this because of Chicago and the Governor’s plan that what is good for Chicago is good for Illinois.

    Incredibly the so called recovery will be completely void of the same considerations.

    People who died from Covid 19 are not the only people who will be victims in Illinois.

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