Governor Pritzker trying to remove Bailey case from Clay County to Federal Courts

Illinois (ECWd) –

Governor Pritzker has filed a motion to remove the Darren Bailey lawsuit from the Circuit Court in Clay county and have it heard in the Federal Courts.

It appears the Governor wishes to ignore the Supreme Court’s position on comity, much like he has ignored the Illinois Supreme Court on Executive Orders.

For those not familiar with comity, US Legal explains it quite well.

“Likewise, on grounds of comity and pursuant to federal law, the Supreme Court has generally refused to allow federal courts to intervene in pending cases in state courts where there is no evidence of bad faith harassment.  Comity is “a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the National Government will fare best if the States and their institutions are left free to perform their separate functions in their separate ways.”  Usually, this is referred to as ‘Our Federalism’[ii]. [i] Brockett v. Spokane Arcades, Inc., 472 U.S. 491 (U.S. 1985) [ii] Younger v. Harris, 401 U.S. 37 (U.S. 1971) (1971)”

We found no information in the filing that would support any bad faith harassment by the state courts, a hurdle that is going to have to be overcome in our opinion.

The Governor cites 28 U.S.C. § 1343(a)(3) as the authority to have the case removed to the Federal Court.

A copy of the motion can be downloaded at this link or viewed below.

The Governor has until noon today to file a response to the Motion for Summary Judgement filed by Darren Dailey Monday of this week.  A hearing on that motion is scheduled for Friday at 1 pm in Clay County.

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