Springfield, IL. (ECWd) –
At today’s JCAR meeting, the committee approved IDPH / Governor Pritzker’s “emergency rule” penalizing, fining, and providing criminal penalties to small businesses over the mask requirement.
A Motion for JCAR to Object and Suspend the Emergency Rule was made – it did not obtain the required 8 votes.
The Certification of no objection to the Emergency Rule was made and approved.
Representatives from the Department answered questions related to the proposed emergency order. More details to follow.
Video of this portion of the JCAR meeting is in a previous article (here).
Gov Pritzker still relies on his May 1, 2020, EO mandating masks in Illinois as valid, and all subsequent EOs even though two separate Judges have declared them VOID and unenforceable – and an Appellate or Supreme Court has not overturned that decision (as of publication).
The Bailey v Pritzker case was first, and has taken a surprising turn where the Court has Ordered Pritzker to appear in Clay County Circuit Court on Friday, August 14, 2020, at 1 p.m. on a Rule to Show Cause as to why he should not be held in indirect civil contempt of Court.
Then, this morning, the Illinois Supreme Court issued a STAY (first reported on Capitol Fax) on the Contempt Hearing and all other procedures in the case pending resolution of a Motion for Supervisory Order filed by Governor Pritzker.
15 Comments
finn dalcassian
Posted at 00:35h, 12 AugustTODAY, JCAR (Joint Committee of Administrative Rules) ILLEGALLY PERFORMED A FUNCTION THAT AUTHORIZED THE ILLINOIS EXECUTIVE BRANCH TO VIOLATE THE SEPARATION OF POWERS OF BOTH THE ILLINOIS AND UNITED STATES CONSTITUTION, AND ITSELF CONSIDER PROPOSED RULES NOT WITHIN THEIR AUTHORITY.
JCAR’s function, in part, is as follows:
Pursuant to the Illinois Administrative Procedure Act, the committee is authorized to:
Conduct systematic reviews of administrative rules promulgated by State agencies.
Conduct integrated review programs, including a review program for proposed, emergency and peremptory rulemaking.
Conduct reviews of new Public Acts.
Review complaints.
Here’s the problem –
The rules proposed were not proposed or promulgated by any state agency; the Executive Branch, i.e. the Governor, is not an agency pursuant to these guidelines and the intent of this function is not authorized to address Executive Orders or Proclamations, etc.
The rules proposed by the Governor were not rules nor a program he has authority to enforce pursuant to emergency statute or authority based on an Illinois Court ruling declaring he has no such authority.
The rules proposed by the Governor was not a Public Act.
The rules proposed by the Governor was not a complaint.
The meeting and vote on this unlawful proposal should have never taken place.
The 12 legislative appointees that comprise the JCAR acted beyond their scope of authority and the result of their vote approving Governor Pritzker’s proposed rules is not lawful.
The final vote on that action was 6-5 in favor of the Governor’s proposal.
The six legislative appointees who voted in favor of this unlawful proposal need exposed and and complaint should be filed to have this vote nullified.
Here is the link that identifies all 12 members of the JCAR:
https://www.ilga.gov/commission/jcar/member.pdf
WHAT SAY YOU, ILLINOIS CITIZENS?
UNITED WE STAND …………..
Aaron
Posted at 21:29h, 11 AugustRIP Illinois
HT
Posted at 21:24h, 11 AugustWell now we know that the whole gang runs together. We don’t have any checks and balances at all in this state. The executive branch dictates his unconstitutional rules, the legislature bends over and spread, and the judiciary branch acts as his personal concierge.
diane k conner
Posted at 20:25h, 11 AugustHe needs to resign himself and take speaker of house with him and go to wisconsin and tend his animals. Lol Hes just what Illinois does not need . Take the mayor with him I bet she loves animals too.
PK
Posted at 16:57h, 11 AugustPlease consider posting a copy of the Motion for Supervisory Order. Thank you.
Dave
Posted at 16:02h, 11 AugustIts no surprise democrat controlled JCAR supports Pritzker’s unconstitutional action.
The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives. The state legislature cannot delegate legislative power to the governor by way of an emergency act, that violates the separation of powers. The democrats are haters of the Illinois constitution
Larry
Posted at 14:14h, 12 AugustActually, JCAR is not controlled by Democrats. There are 6 Republicans and 6 Democrats. The two issues that make a difference here are that
1) It takes 8 votes to overturn an administrative rule, so in the event of a party line vote, the rule stands. It takes at least 2 JCAR members cross over and vote with the other party to block implementation of a rule.
2) While JCAR representation is equally distributed by party, it is not equally distributed geographically.. Only three of the 12 members are from outside Chicagoland, and only one member is from south of I-80.
PK
Posted at 17:08h, 12 AugustSolid points received.
Finn Dalcassian
Posted at 18:44h, 12 AugustThank you for that info. I am interested, if you know, is there any way to appeal or challenge the approval aside from what you have already provided, after the fact?
If not, a challenge in court to seek an injunction based on the Committee’s unlawful vote would seem the only avenue to challenge it.
Sarah
Posted at 08:46h, 13 AugustBattle of Athens, Tennessee 1946. We might be getting to that point here.
Paul Webb
Posted at 19:44h, 13 AugustAnd this is the problem. All of Illinois is not being represented. The 12 members should be equally spread throughout the entire state.
PK
Posted at 22:30h, 19 AugustJCAR representations are further found in their distribution among the 11 divisions of the Governor’s “Restore Illinois” plan. Near as I can tell, no JCAR representations come close to touching every corner of the state.
Cindy
Posted at 15:58h, 11 AugustJCAR seems to be a Communist organization from what I am seeing. Who are these fools? And who voted for them to be in charge of ANYTHING?
HT
Posted at 00:08h, 12 AugustWell, in a classic communist opera, these fools would be labeled “useful idiots” who are good are enabling the party chiefs in accomplishing their manifesto. When the manifesto is fully carried out, some of these useful idiots will rise up with the Party, while most of them will be just as miserable as the rest of us commoners.
From my experience w/ these useful idiots, just know who they are and remember their names, so that whatever we need to do get them out of office, either through voting or indictment, we won’t make the mistake of letting them fool us again.
kathiann
Posted at 15:36h, 11 AugustOh he wants the Supreme Court to step in? He tried that before and it didn’t happen.