Raoul files appeal of lower court’s ruling on extended stay-at-home order

Illinois Attorney General Kwame Raoul has appealed a lower court ruling that would exempt at least one Republican state lawmaker from Gov. JB Pritzker’s extended stay-at-home order.

The filing comes after a Clay County judge sided Monday with state Rep. Darren Bailey, R-Xenia, in a lawsuit against the order. As Bailey is the lone plaintiff in the suit, Monday’s ruling only allows him not to follow the stay-at-home order, but others may join his suit or file their own lawsuits.

Raoul argues in his brief that Pritzker has not exceeded his authority under the law by taking emergency action for longer than 30 days.

“Governors have historically renewed disaster declarations to meet the challenges of disasters that last longer than 30 days without objection, and a pandemic should be no different,” Raoul said in a statement.

The appeal also argues Bailey has failed to articulate the irreparable harm he is personally experiencing or how that harm outweighs the threat to public health and safety caused by the pandemic.

Additionally, Raoul said Wednesday it is “paramount” for the Illinois Supreme Court to take up the matter to eliminate any continued uncertainty regarding Pritzker’s order.

The challenge comes as a second Illinois Republican has filed suit to block the order from taking effect at the end of this week.

The class-action lawsuit filed Tuesday by Rep. John Cabello, R-Machesney Park, argues Pritzker has “no legal authority under the Illinois Constitution” to require Cabello or any other Illinoisan to enter isolation or quarantine. It adds that such powers rest with the Illinois Department of Public Health, which has delegated that authority to local health departments.

“Even if well intentioned by Pritzker, his actions as governor have left every citizen of this state completely devoid of any procedural due process rights to protect their liberty afforded them by the United States and Illinois Constitutions,” the lawsuit says.

Unlike Bailey’s lawsuit, Cabello’s suit would prevent the order from applying to all Illinoisans.

Pritzker called Cabello’s lawsuit more “irresponsible” litigation during his Wednesday press conference.

“We’re in the business here of keeping people safe and healthy,” Pritzker said. “That’s what the stay-at-home order has been about, and I just think that lawsuit is just another attempt at grandstanding.”

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