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May 23, 2024

Illinois cases parallell case where Oregon Judge tossed Governor’s extended Executive Orders –

By John Kraft & Kirk Allen

On May 18, 2020


After Oregon Governor Kate Brown’s Executive Order(s) on COVID-19 restrictions went past 28 days, the Governor must receive 3/5th majority of the Legislature to continue with those restrictions. For those reasons, an Oregon Judge declared their Governor’s orders null and void. Governor Brown has stated she will appeal the decision to the Oregon Supreme Court.

This case involved a Temporary Restraining Order granted against Governor Brown; Elkhorn Baptist Church was one of the Plaintiffs.

Parallels between the Oregon and Illinois cases are as follows:

  • Both governors only have their powers for 28 or 30 days as written in their statutes and constitutions
  • Both governors issued Executive Orders declaring an emergency
  • Both State’s health departments can detain/quarantine individuals who have been exposed to a disease or have the disease
  • Oregon’s governor can declare a 14 day emergency and extend it an additional 14 days, while Illinois’ governor is limited to a 30 day period
  • Both governors are restricted by their state statutes and state constitutions

Read the Judge’s Order below:



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  • Johnjohn
    Posted at 19:15h, 18 May

    Can someone explain to a layman like me whats at stake friday, and what happens if Bailey loses, what happens if he wins, and what that means to me in Cook County?

    Great site by the way, been on here daily for the last 6 weeks.

  • Kirk Allen
    Posted at 19:19h, 18 May

    If Bailey’s motion is granted then the Governors actions are null and void!

  • Johnjohn
    Posted at 19:43h, 18 May

    Right away, or does Pritzker appeal, try to go to the next level, etc? I just dont want to get my hopes up and then learn the EO is valid until the next hearing at the appellate court in 16 weeks, if that makes sense.

    • Kirk Allen
      Posted at 20:01h, 18 May

      Pritzker will lose Friday. IF the Governor appeals to the apellate court, he has a real big problem because our Illinois Supreme Court has already ruled on the legal application of executive orders. Pritzker has violated that ruling that is still good law. If he loses Friday, that ruling stands until the higher court overturns it.

  • Lyn P
    Posted at 19:51h, 18 May

    I second Johnjohn’s question! Thank you.

    • Johnjohn
      Posted at 06:03h, 19 May

      And just as i feared, oregons governor just went up to a higher level court and got it reversed. I assume pritzker will do the same. This lawsuit is useless.

      • Lyn P
        Posted at 08:38h, 19 May

        Oh! I have yet to get that info but it should come up shortly in my daily review 🙁

        • SuckersRUs
          Posted at 11:07h, 19 May

          Pritzker will lose in circuit court; he already has lost in the court of public opinion. He’s not just a goof, he’s a political sociopath. He’s operating outside the boundaries of state and federal law. No one from his party will stand up to his malevolent behavior. He has no regard for our civil liberties. Thank goodness for Reps Darren Bailey and John Cabello, both of whom have sued the Governor to end his insane orders.

      • PK
        Posted at 10:21h, 19 May

        A similar legal challenge in Wisconsin did prevail though, and after viewing the Michigan Legislature case hearing, I’ll hedge that the Legislature will prevail as well.

    • Rusty Shackleford
      Posted at 19:51h, 19 May

      Not ‘reversed’. The losing party immediately appeals the decision and files a motion to ‘stay’ that delays the decision from taking effect until the supreme court has ruled on it. Presumably to avoid having to ask Oregonians to return to house arrest again in case the supreme court overturns. The same battle already took place in Wisconsin and is taking place now in Illinois and Michigan. The Illinois supreme court has made their position clear (Look who is in the news today) Though the Illinois legislature may vote to end this nonsense prior to Friday. The jig is about to be up.