Republican Lawmaker Scores Unusual Legal Victory Against Stay-at-Home Order in Illinois

Strategic Insights -

State Rep. Darren Bailey of Illinois has secured a temporary restraining order blocking the state's enforcement of Democratic Gov. J.B. Pritzker's stay-at-home order against him, becoming the only person, besides essential workers, exempt from the order. Bailey, a farmer and first-term lawmaker from a rural district in southern Illinois, argued that Pritzker's continued extensions of the stay-at-home order exceeded his emergency powers under the Illinois Emergency Management Agency Act. The ruling, which does not extend to anyone except Bailey, provides a framework for other similar lawsuits around the state, which Bailey hopes will ultimately result in the order being invalidated for the entire state.

Key Takeaways:

  • Bailey, a Republican, became the only person in Illinois, besides essential workers, exempt from Democratic Gov. J.B. Pritzker's stay-at-home order after a judge granted a temporary restraining order blocking the state from enforcing the order against him.
  • Bailey argued that Pritzker's continued extensions of the stay-at-home order, recently extended through May, were illegal and exceeded his emergency powers under the Illinois Emergency Management Agency Act.
  • Bailey's pursuit is part of a broader debate about reopening economies as public health officials continue to warn against lifting restrictions too soon.
  • Similar efforts have been made by Wisconsin state GOP lawmakers, who sued Democratic Gov. Tony Evers last week, asking the state Supreme Court to invalidate his stay-at-home order.
  • Protests organized by conservative activist groups have erupted across the country, often attracting thousands of people and raising fears that they are contributing to the spread of the virus.

Statistics:

  • 2 reported coronavirus cases in Clay County, Illinois, where Bailey and about 13,000 others live.
  • 400 people in the rural town of Xenia, where Bailey resides.
  • May: Pritzker's stay-at-home order has been extended through this month.
  • March 9: This is the date when Pritzker declared a disaster in Illinois.
  • 30 days: The Illinois Emergency Management Agency Act restricts the governor's emergency powers to this duration without allowing extensions.

Sources:

  • The Washington Post
  • Milwaukee Journal-Sentinel
  • Los Angeles Times
  • Twitter (@realDonaldTrump)
  • Conservative Action Project