On April 27, 2020, a circuit court judge issued a Temporary Restraining Order preventing Governor Pritzker from enforcing his stay-at-home order against Illinois State Representative Darren Bailey. Judge Michael McHaney of Clay County, Illinois, reasoned that the Governor did not have the authority to issue the Executive Orders extending the stay-at-home order for more than 30 days. As a result, Judge McHaney ruled that the Governor interfered with Rep. Bailey’s liberty interests. The Illinois Attorney General’s Office has already appealed the Temporary Restraining Order to the Fifth Circuit Illinois Appellate Court.
Judge McHaney’s Order only prevents the Governor from enforcing the stay-at-home order against Representative Bailey. Thus, the Governor’s stay-at-home order that went into effect on March 21, 2020, and was extended through April 30, 2020, is still operative. Moreover, the Governor’s executive order closing all Illinois schools remains operative.
Although the Governor has announced that he will further extend the stay-at-home order through May 30, 2020, courts could issue further rulings about the Governor’s authority to issue executive orders. We will update you once we hear of any further rulings. In the meantime, please feel free to contact us with any questions.
