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October 16, 2025

DeVore v IHSA and Hillsboro Schools: TRO Denied, Reiterated Bailey v Pritzker still in Full Force

By John Kraft & Kirk Allen

On August 3, 2020

Montgomery County, IL. (ECWd) –

Last week, the Montgomery County Circuit Court DENIED DeVore’s Motion for Temporary Restraining Order in relation to the Illinois State High School Association’s “guidelines” in returning to school and participating in sports.

This was a summary hearing, in which the Court found:

  • the right to participate in extracurricular activities is not a property or liberty interest
  • in light of Jurdan v O’Fallon, there is no ascertainable right in need of protection
  • that the Bailey v Pritzker Order is still in full force and effect and has not been reviewed upon appeal, that the governor lacked any power to enact executive orders after the initial 30 days, and that the denial of this TRO should not be construed as a finding that the Governor or IDPH have any constitutional, legislative or administrative authority to impose such mandates upon the IHSA or the school district as set forth in the amended plan
ORDER ON TEMPORARY INJUNCTION-JUDGE PARKER (003)

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