WINNEBAGO Co., IL. (ECWd) –
Illinois State Representative John Cabello filed a 176 page, 4-Count lawsuit against Governor JB Pritzker this morning alleging the Governor’s extended emergency Executive Orders exceeded his authority under Illinois law.
This lawsuit names John Cabello and ALL CITIZENS OF THE STATE OF ILLINOIS as Plaintiffs.
Count 1 seeks a Declaratory Judgment that Pritzker had no legal authority to act in ordering isolation or quarantine of citizens and the closure of businesses.
Count 2 seeks a Declaratory Judgment that Pritzker exceeded his emergency power authority granted by the Illinois Emergency Management Agency Act.
Count 3 seeks a Declaratory Judgment that Section 1 of Pritzker’s March 20, 2020, Executive Order is void ab initio as it violates procedural and substantive due process.
Count 4 is a Request for Injunction that Pritzker’s Orders be issued within the authority delegated by the Legislature or from any authority granted him by the Constitution, and the issuance of an Order enjoining anyone from enforcing the March 20 Executive Order and permanently enjoining Pritzker from any further Executive Orders against Cabella and all citizens.
It is our understanding that Rep Cabello is attempting to communicate with Gov Pritzker to not extend the current EO, and convene the Legislature so this process can be accomplished according to Illinois law.
He has not asked for a Temporary Restraining Order at this time.
You can download the complaint at this link nor view below.
[documentcloud url=”http://www.documentcloud.org/documents/6879815-2020-04-29-Complaint-FILED-Cabelle-v-Pritzker.html” responsive=true]
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SarahPosted at 15:01h, 29 April
John Cabello is my new hero! If I can meet him in person and thank him for including me as a plaintiff on this lawsuit before I die, I will die happy.
Gerard H SchillingPosted at 15:07h, 29 April
Why not file in Federal District court?
NiteCatPosted at 15:46h, 29 April
ECW is in possession of a memo written by the Chief Deputy Director of the Illinois Appellate Prosecutor’s Office to the Director of that office.
“My research leaves me less than confident that a reviewing court will hold that the Governor has the authority close businesses, bar attendance at church services and assemblies in excess of ten citizens (particularly if they are assembling to redress grievances). From a strict enforcement standpoint, although well-intentioned on an emergency basis, the EO is very broad and does not appear to meet strict scrutiny – this is not to mention the EO appears to be beyond the framework of the specific Act it cites as support.
He wrote that memo, it says, “because of the volume of requests from individual State’s Attorneys this Agency has received regarding the viability of enforcement (and potential civil liability under Federal section 1983).” Thay have to sue under that statute to by-pass the state and go to the Feds.
LawUonePosted at 12:31h, 30 April
Good thought. 7th Circuit has straightened Illinois wrongheaded pols out more than a few times,
HTPosted at 15:09h, 29 April
It’s about someone spoke up! Today I have a tiny bit of faith in America restored. Otherwise, it’s getting out of hand in what these socialist tyrant wannabes can do to our livelihood, way of life, and relationship with our neighbors and fellow Americans. These power hungry tyrants are fine with not only class warfare, but also moving hard toward antagonizing neighbors against neighbors by giving the illusion that somehow the government can protect citizens from any health issues.
David SomersetPosted at 19:19h, 29 April
What a shame. Mel Brooks, arguably the best living maker of movie comedies, is 92 and self-quarantined in Brooklyn, New York. Sadly, he’s probably made his last movie.
But just imagine the movie he could make. J.B. Pritzker, as the swarthy, rugged, bigger-than-life governor of Illinois, fighting a killer virus and Republican state representatives at the same time.
BLAZING PANDEMICS in Technicolor from Mel Brooks
Just picture the scene where the governor is confronted by his attorneys who already have lost the first lawsuit. They are now attempting to craft a defense to a second lawsuit complaint, 176 pages long. The lead attorney tells the governor, “we’re going to have to come up with a way to counter the IDPH laws cited in the complaint and the alleged constitutional violations your executive orders have created. And what if Attorney General William Barr files an amicus brief in this new case?”
After 5 minutes of intense thought and a jelly donut, the governor says, “laws- I don’t need no stinking laws!”
Dwight KayPosted at 19:58h, 29 April
Good work John. You make all Illinois citizens that hold the Constitution dear very proud.
Keep up the fight. You are on solid ground.
Freedom OnePosted at 16:10h, 30 April
Wouldn’t be a bit surprised if a TRO is not sought from the Federal Court in the Northern District of Illinois. The Citizens of Illinois, as well as other states, have lost their Constitutional rights for now, and maybe forevermore. It’s time to reign in Pritzker, and reclaim all our Constitutional Rights, right now.
Keith RindtPosted at 09:09h, 15 May
I would also like to sue but I am running into road blocks