Clay County, IL (ECWd) –
Current Illinois law provides that the Governor has broad powers during the first thirty (30) days of a disaster and the Illinois Department of Public health and local county health departments have supreme authority as it relates to a pandemic. However, our Governor issued Executive Order after Executive Order well beyond the authorized 30-day time frame.
State Representative Bailey recognized early on that the Governor was violating the intent of the law. Shortly after that Representative Bailey moved forward with his suit against the Governor.
The Governor and the General Assembly have had sufficient time to address the constitutional problems in the Illinois Emergency Management Agency Act. Here is the rub.
The General Assembly met, but did not correct or fix the statute. A do-nothing General Assembly if there ever was one.
Instead, the Governor and Illinois Attorney General moved to transfer the Bailey case which challenged Illinois’ multiple Executive Orders from state court to the federal court system. Representative Bailey called this blatant forum shopping.
Then the federal court judge sat on the case as long as he could, again giving the General Assembly and Governor more time to fix the statute.
Again, the General Assembly did nothing to fix the statute. Double Gobsmacked.
The USDOJ (yes that Bill Barr) then intervened in the federal court case, and argued that the federal court judge should immediately return the Bailey v. Pritzker dispute to state court. USDOJ agreed that our state Attorney General engaged in forum shopping. The federal judge then remanded the case back to state court without even addressing the USDOJ filing.
Today the state court judge issued his ruling and criticized the Governor for his repeated executive orders to address the pandemic when the law only gives the Governor powers for the first 30 days of a pandemic. See attached order right off the judge’s bench. Paragraph 6 applies the ruling to all citizens of the State of Illinois.
Following the hearing, the Illinois AG told the news that the Governor and Attorney General intend to appeal to the Illinois Appellate Court, and then the Illinois Supreme Court. However, this will require the courts to engage in judicial activism/Alice in wonderland legal analysis to somehow justify the ultra vires Executive Orders issued by our Governor, and worse, reverse today’s well reasoned judicial ruling.
This could all be avoided if the General Assembly would just meet and fix the law…..just like other states have done.
There you have it….Happy Fourth.
Below is a copy of the Interview we had with Representative Bailey and his attorney Tom DeVore after the hearing as well as footage of the CNN interview that did not appear to go to well for CNN.
A copy of the Order can be downloaded at this link or viewed below.
ORDER-7_2_2020
27 Comments
Anita Sweater
Posted at 23:38h, 04 JulyIt seems the trolls and liars have found the Watchdog’s website. Too bad. LARA? You are wonderful! You are so right that those disgusting comments are by traitors and dangerous entities.
Aaron Umberger
Posted at 12:13h, 03 JulyI’m sorry, your supposed to be watch dogs? Sounds alot like republican corporate puppets. What part of VIRAL PANDEMIC do you idiots not understand? You are acting as a right wing terrorist organization, and deserve to be reported to the FBI. You are spewing lies and myths in a time where people need guidance, not fear mongering psychopaths who’s behavior points out the desire to dismantle society. And BTW, Rep. Has had his pockets lined with other peoples money from the get go, don’t you dare go painting a bright picture of him. Your organization, and others like it, are soon to be dismantled for the fake propaganda you spread. You are Liars and thieves and only perpetuate such activity.
PK
Posted at 13:54h, 03 JulyA significant portion of the Edgar County Watchdogs’ work is available for review on this web-site. Please do alert the Federal Bureau of Investigation and additional agencies of your choice to the ECWd mission and body of work. I’ll submit that the office of inspector general for the agencies of the Governor and like quality control office for the US department of human services are worthy of your consideration.
Else, your commentary seems nothing more than an angry rant.
Lara
Posted at 13:56h, 03 JulyAw, your feelings hurt? Please tell me you’re very rich and able to stay home. I highly doubt you believe your own lies. Also the FBI isn’t coming to save you, sweety. This was an actual judgement and Prtizker did indeed break the law. If the FBI is going after anyone, it’s him.
And this isn’t going to be dismantled. Unless you’re on the Chinese propaganda machine’s side?
Have a nice life in your house forever, Morlock.
John Kraft & Kirk Allen
Posted at 14:26h, 03 JulyReport it, but please explain what part of what we wrote in this article has lies and myths, fearmongering, seeks to dismantle society (that is the extreme left’s agenda BTW), fake propaganda, and thievery? None.
Lara
Posted at 14:52h, 03 JulyI think you should contact DeVore. These people are straight up traitors and liars themselves. No, really, get a lawyer before they do something.
PK
Posted at 13:21h, 05 JulyA concern for this article is that the ECWd’s reported on the case from the beginning. This included covering Mr. Bailey’s ammended complaint in circuit court after the AG concurrently appealed the court’s original order concurrently in both the appellate and supreme court. From Mr. Bailey (in his individual capcity) to Representative Baily in the Federal court.
While I understand the circuit court order stands for all residents, I do not reside in Bailey’s district nor am I represented by his person.
Evidently, my commenting about Representative Baily’s having missed a work opportunity with the “do nothing legislature” could be misconstrued by whatever caucus the ECWd reporting on the case may or may not be seeking to build.
Carry on.
Stacy
Posted at 06:58h, 28 JulyAaron, I think you mean YOU’RE supposed to be Watch Dogs. 😉
Mags
Posted at 09:42h, 03 JulyThanks to the John and Kirk for all of your work and perseverance. You guys are doing the job our elected officials have failed to do.
I will be sending Thanks to Darren Baily and Tom Devore as well. Thank Goodness we have a few good attorney’s in this State who are willing to stand up to the establishment when they are not following the laws and the State Constitution.
Dwight Kay
Posted at 08:38h, 03 JulyIs this the first, second, or third time the Governor has broken the law? This time he’s caught-thank goodness for all Illinois residents that value their freedoms; and for the thousands of businesses that have suffered economic ruin, the door for a remedy is open. ECWD you are the men. Representative Bailey, you are the man.
Michele Thomas
Posted at 02:09h, 05 JulyIs there any penalty Pritzker has to pay for this in any way or is it just a slap down?
jannie
Posted at 08:26h, 03 JulySuch a waste of money – I suppose we taxpayers were paying for this lawsuit. Bailey must be up for re-election and need some press. It’s amazing that people believe this is all a hoax. Actually I wish it were, but since it’s worldwide it’s not. Whether I “like” this governor or not, I think his actions saved lives. Do I like going to mtgs via virtual, NO, do I like wearing a mask, NO, do I like not shaking hands or curtailing my activities NO, but then I don’t want to be sick either so – I’m not “rolling the dice”. Like it or not, I think the gov. tried to curtail the spread of the virus.
PK
Posted at 09:44h, 03 JulyAccording to a news article published around the time the General Assembly finally re-convened, representative Baily is seeking a seat in the Illinois senate. At that time also, Mr. Baily was willingly walked off the job for blatent defiance of house rules before returning a day or so later ready to serve with house peers. In my estimation; and without subscribing to a demand for endless compromise, Mr. Baily is fortunate to have retained the professional comptencies of Mr. DeVore in his legal case against the governor.
Stacy
Posted at 11:31h, 03 JulyJanine, if you are worried about wasted money, you should be directing your anger at the Governor. He very easily called the General Assembly to session within the first 30 days to extend his disaster declaration. He also could have delegated the closing of businesses and quarantine of individuals to the local health departments, the department responsible for doing those things according to our State Constitution. Because he chose to ignore our laws, the state will now be liable to lawsuits from all the businesses throughout the state he closed illegally. Do you not feel the State Constitution should be followed? Do you not feel our other branches of Government should be involved in the decision making process? Because if this is the way you feel things should be, keep in mind that we may have a Republican Governor next time that you don’t agree with. Would you have been o.k. with Rauner running the state on his own for an unlimited amount of time, until he decides the emergency is over?
Nedd K
Posted at 23:58h, 05 JulyI believe the floodgates will soon be open and though I’m no lawyer, I don’t believe it will be just the businesses suing the pants off of Junior. I believe any employee of those businesses shuddered as a result of his extended orders may have a legal remedy if they can prove they suffered financial loss due to his abuse. The state will likely be forced into bankruptcy if the suits succeed and one person alone will bear the blame for it. And his pain will be richly deserved.
cynthia
Posted at 08:01h, 03 JulyI would encourage anyone who believes that COVID is a Hoax or that mask-wearing does not stop a pandemic and the loss of life to visit an actual respected Hospital and speak with an attending physician and stop taking your scientific advice from FB or youtube. The General Assembly should have come up with legislation to protect the public and encourage economic recovery. I think that the two can be accomplished. The real story is the failure of our Illinois politicians over and over again to actually do something for their pay.
Mags
Posted at 08:35h, 03 JulyThe virus is real, the fear mongering is part of the political hoax that has been perpetuated by the news media. There are numerous articles and studies that show that wearing a mask will not protect you from a virus. If one wants to wear a mask that is their choice. Prior to April of 2020 the CDC and WHO suggested healthy people should not wear a mask. What changed?. In fact some studies and credentialed physicians throughout the Country have written about the dangers of wearing a mask long term. This virus, like any influenza can be fatal to certain risk groups, but the factual data has shown that the majority of people have a 98% chance of survival. Very few require hospitalization. These numbers do not justify the extreme measures that have been taken nor have ever justified closing businesses or trampling on citizens constitutional rights.
Jackie Jennings
Posted at 12:02h, 03 JulyCOVID is not a hoax…but mask wearing does not stop a pandemic. There are opposing sides regarding the benefits.
My biggest reason for opposing the masks is simple…are we prepared to wear the masks for the rest of our lives? I’m not. I’d rather live my life in freedom knowing that my time is in His hands and if I stay hoe when I’m sick, wash my hands and don’t spit on people…life will go on as it always has. Coronavirus isn’t going away and I really don’t want to to wear a mask for the rest of my life. There will be new strains and even new viruses…why? Because there will always be evil people looking for ways to use biological weapons to destroy mankind. Yes, I believe this is one of them…and even if its not, there will be other viruses. The next 2 paragraphs are taken from an article from livescience. You should know that there are experts on both sides of this debate.
https://www.livescience.com/are-face-masks-effective-reducing-coronavirus-spread.html
One thing everyone does agree on is that, whatever containment provided by non-fitted masks do provide, homemade fabric masks are the least effective. The recommendations that everyone wear masks are because “any kind of impediment is better than nothing,” Chu said. But fabric masks are not expected to be as protective as surgical masks, she said. That’s why public health officials are warning people to remain at least 6 feet apart from one another, even if they are wearing masks. In other words, homemade masks are likely to be just a small piece of the puzzle for controlling the COVID-19 pandemic.
“There’s been enough research done to be able to confidently say that masks wouldn’t be able to stop the spread of infection, that they would only have a small effect on transmission,” Cowling said. “We shouldn’t be relying on masks to help us go back to normal.”
Michele Thomas
Posted at 02:06h, 05 JulyI truly believe there are people who will be saying we need to wear masks forever. They will start off by saying we’re in flu season and we still need the masks and it will just keep going on and on and they will finally come out and say they want people in masks forever. It’s not going to be easy to rid ourselves of this mask issue once and for all.
Tony
Posted at 22:30h, 06 JulyCynthia, Lock yourself in the basement with mask on of course. You can watch CNN in peace, we’ll sort out a food service for you. While the rest of the human race gets on with it.
While you’re down there, why not contemplate
how is it possible that Tokyo has less than 400 covid deaths and NYC have 30,000. I wonder which country is pushing vax and a massive pay day
Chuck Ewen
Posted at 06:56h, 03 JulyThe goobernor can put out all of the verbal flatulence he wants to. The genie is out of the bottle and all of his squealing isn’t going to put it back in.
Lara
Posted at 01:26h, 03 JulyWell knowing our Supreme Court we’re still screwed.
Doris Hubner
Posted at 00:18h, 03 JulyHip Hip Hooray! Congrats to the ECWD for always looking out for the citizens of Illinois.
Golden Country
Posted at 22:26h, 02 JulyCongratulations Edgar County Watch for getting the first interview even before the evil CNN.
MdStine
Posted at 20:41h, 02 JulyWell done Kirk and John by raising the question within hours of the initial E.O. and its over reach. Your work along with Darren Bailey and his counsel have given hope to citizens in the 49 other states that are being played.
BTW: For those that have been freed but believe in JB, you still have the right to wear your mask if you so desire, as today’s ruling has proved we still are a free country.
Anita Sweater
Posted at 20:13h, 02 JulyIt’s over. All you mask-wearing minions are done. Everything you fools were doing according to mandates is DONE! I hope every single business that closed over this sues the Bejeesus out of this governor.
Michele Thomas
Posted at 01:49h, 03 Julyhaha! I love your comment. I have a feeling it’s going to have to be the people spreading the word. The local news certainly doesn’t seem to be doing it. Pritzker was still tweeting his usual BS today.