Governor J.B. Pritzker commenced legal action against an Illinois lawmaker against the state’s house arrest order in federal court Thursday, one day before a hearing in the matter.
State official Darren Bailey, a Republican from Xenia, Illinois, filed the lawsuit last month, claiming that Pritzker had overstepped his authority and violated the civil rights of state residents by issuing the residence order. at home in the midst of the coronavirus pandemic.
” Enough is enough! Bailey said in a statement. “I have filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life.”
Bailey’s argument that his civil rights were violated formed the basis of Illinois Attorney General Kwame Raoul’s request to refer the case to a federal court, which has jurisdiction over matters relating to the United States Constitution .
“The attorney general’s office will continue to defend the governor’s constitutional and statutory right to act to protect the health and safety of all residents of Illinois,” said Raoul spokeswoman Annie Thompson in a statement. communicated.
“The law gives an accused the right to refer a case to a federal court when an applicant files a complaint with a state court alleging a violation of the rights enshrined in the United States Constitution, and we have done so in several other cases challenging the governor’s decrees. “, Continued Thompson. Because Mr. Bailey’s amended complaint alleges violations of his federal constitutional rights, we have transferred his case to the United States District Court for the Southern District of Illinois. “
Bailey’s lawyer did not immediately respond to several requests for comment.
Judge Michael McHaney of the Clay County Circuit Court, who previously presided over the case before a state court in southern Illinois, had previously granted Bailey a temporary restraining order dispensing him from respecting the restrictions on home stay orders. When filing the complaint, Bailey said that, although she could only apply to him individually, “everyone could do the same.
A second Republican state lawmaker, John Cabello of the Rockford area, launched another lawsuit against Pritzker a few days later in the Winnebago County Circuit Court, seeking an injunction preventing the governor and all another state official to enforce the order.
Pritzker eased some restrictions on the residence order last month by extending it to May 30, with more than 100,000 confirmed cases and 4,525 statewide deaths as of Thursday.
Pritzker had previously appealed the bail order before filing it in federal court on Thursday.
“Representative Bailey’s decision to go to court is an insult to all Illinoisans who were lost during this COVID-19 crisis. It is a danger to millions of people who could fall ill due to his recklessness, “said Pritzker in a statement on the suit. “Disasters don’t evaporate within 30 days. Legislators took this into account when drafting this law. We will conduct this trial as far as possible. “
A second Illinois legislator has filed a lawsuit against Governor J.B. Pritzker for his home stay order issued to slow the spread of the deadly coronavirus. Charlie Wojciechowski reports on NBC 5.
Pritzker commented on where the legal proceedings were to take place during an appearance on “TODAY” last month, saying that several people appeared to be laughing when Illinois legal representatives told the court that the lifting of the home stay order would lead to more deaths from coronavirus.
“First of all, the costume itself was extraordinarily irresponsible,” said Pritzker. “This state official was looking to gain some fame for himself. He took it to a local court, a local elected judge and got the decision that I think he knew he was going to get in this local courtroom. “
Bailey’s colleagues on both sides of the aisle voted on Wednesday to remove him from the floor of the House for refusing to wear a mask during the legislative session, in accordance with new rules adopted by the House.