Illinois (ECWd) –
Illinois Governor Pritzker filed a memorandum in opposition to the motion to expedite the hearing on [Bailey’s] emergency motion to remand, in the Bailey v. Pritzker case which was taken to the federal courts last week on a motion by Pritzker.
In the memorandum, the Illinois Attorney General’s Office, acting as Pritzker’s attorney, claimed the following:
- The Court should reject Bailey’s request for the Court to remand the case sua sponte without even allowing the Governor to
respond on the merits of removal. - Bailey provides no basis for expediting a hearing on his remand motion.
- To the contrary, his actions in this litigation bely any claim of an emergency. He vacated the TRO he previously obtained in state court, delayed two weeks before filing an amended complaint and, after filing it, did not seek emergency relief or an expedited hearing.
- In the meantime, the Governor’s counsel acknowledges the Court’s status call on May 26, 2020, at 1 p.m. and will be on that call.
Pritzker did not explain, in his filing, the reasons Bailey voluntarily vacated the previous TRO, nor did he explain why the case was removed to federal courts, on the eve of the summary judgment motion, when there are essentially no federal claims on the face of the amended complaint.
Bailey vacated the TRO because new information came to light after the TRO was granted. The new information consisted of a an Illinois Attorney General Opinion which talked about the limited powers of the Governor of Illinois. Those being, the governor cannot extend a 30 day emergency declaration.
Pritzker also did not mention that even after Defendant agreed to vacatur of the TRO, they also urged the Illinois Supreme Court to enter a Supervisory Order on an emergency basis.
Governor's memorandum in opposition to motion to expedite.
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10 Responses
I would modify the last sentence to say the State of Illinois needs to remove itself from the State of Chicago & Crook County.
The AG and his Office continuously miss-represents the discussion before each new venue: while violating our Constitutional Rights to assemble, meet peaceably and worship. Those delays only serve the social communists doctrine and the ego of our Governor and AG. One leader or all.
As justice is being delayed by our AG, his office; and our Governor, it is being denied. Day after day, week after week. What is the value of a justice system that can be so easily be manipulated? How do you make whole an entire state’s population?
Each minute passing under these oppressive executive orders and these monkey shines contributes to the next big test, one of removing our second amendment rights.
Unfortunately, many will soon discover the true meaning of a Pyrrhic Victory: which seems to be objective here.
The State of Illinois needs to remove itself from the State of Chicago.
This was my point. We will never get a verdict on this issue. Its like they’re all in on it. Start a bs lawsuit, keep it going forever while enforcing the lockdown. Gives us a saps a glimmer of hope while we allow the boot on our necks.
So the court has until june 25th to make a decision to send it back , even with the emergency request?
Seems like a pointless lawsuit.
This is just stupid. He knows he’s in trouble hence he’s acting like it’s not a big deal.
He does not care about any of us. Please, remember he spent 170 M to get this position. He’s a pitiful representation of a leader. He has never known hard times.
No legal intel here but guessing it’s pretty much in the judge’s hands in terms of seeing through these stall tactics which the Watchdogs call out well, OR pander to the thin whiny P-brain who’s obviously crying for his Kingly throne. Sad how we’re at about -1,000 in terms of this being about public health. Meanwhile IL has risen to #1 anti-freedom state.
No need to do any foot dragging….he can stick his foot up where the sun don’t shine! He is just having a tantrum—money can’t buy his way everywhere—-he forgot his oath of office…….sorry, but you (OUR DOGS) often ask for witty comments and this is no laughing matter for sure and I’m not making light of it…..give him a pacifier.
So status hearing with the federal ct is 1pm tuesday? Can the court decide to kick it back to clay county at the status call?
Great question, I would also like to ask if anyone knows if they could decide to take the case and rule on Tuesday?