Rep Bailey files Reply to Objection and Emergency Supplemental Motions in Federal Court –

Illinois (ECWd) –

After Governor Pritzker removed the Bailey v Pritzker case to federal court, and later objected to the Motion to Expedite, Rep Darren Bailey filed his Reply to Objection to Motion to Expedite, and also filed his Ex A: Supplemental Emergency Motion.

There is a status call early this afternoon in the federal court.

Key points from Bailey’s Reply to Objection on Motion to Expedite:

• As discussed below, this is precisely the situation in which this Court should expedite assessment of its subject matter jurisdiction.
• Defendant makes much of Plaintiff’s voluntary vacatur of a temporary restraining order. There is no question Plaintiff did so. However, Plaintiff did so in light of facts that came to his attention after entry of the temporary restraining order. Among other things, following entry of the TRO Plaintiff became aware of an opinion of
  the Illinois Attorney General that Defendant’s authority is constrained as Plaintiff urges in his complaint and first amended complaint.
• In suggesting the lack of an emergency here, Defendant should consider his filings and insistence on emergency relief. After Plaintiff agreed to vacatur of the TRO, Defendant urged the Illinois Supreme Court to enter a supervisory order on an emergency basis.
• Defendant told the Illinois Supreme Court that, notwithstanding vacatur of the TRO, it needed to act quickly in connection with Plaintiff’s contention that Defendant lacked authority under applicable Illinois law to issue certain
  of his proclamations and executive orders.
• Having invoked this Court’s jurisdiction, Defendant now needs the comfort of time, but offers no reason that he cannot respond immediately.
• Why has Defendant stepped away from the urgency he posited in the Illinois Supreme Court? Because he now wants this matter to languish. He wants delay. He wants to ensure that his invalid executive orders remain unscathed pending their self-imposed “expiration.” That is the only reason he removed this case, and that is exactly why he opposes expedited consideration of the Plaintiff’s Emergency Motion to Remand.
• Every day, every hour and every minute those orders remain in place Plaintiff and millions of other Illinois residents are constrained in their daily activities. Yes, there is an emergency, and, yes, this situation cries for expedited relief.

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