Bailey’s anti-shelter order lawsuit has hearing delayed

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St. Rep. Darren Bailey (R-Louisville)
State Rep. Darren Bailey (R-Xenia) (Photo via Facebook)

LOUISVILLE — A hearing for State Rep. Darren Bailey’s (R-Xenia) lawsuit over Illinois Gov. JB Pritzker’s shelter-in-place orders has been delayed.

Bailey filed the lawsuit back in April and has been one of the most vocal lawmakers against the shutdown executive orders.

Earlier this month, Clay County Circuit Court Judge Michael McHaney ruled that Illinois Gov. JB Prtizker did not have the authority to extend shutdown executive orders in April.

Capitol News Illinois reported that McHaney’s July 2 ruling in Bailey’s case failed to address one issue — whether the COVID-19 pandemic met the definition of a disaster in Pritzker’s April 30 state of emergency.

Thoms DeVore, Bailey’s attorney, requested the judge rule on that question without a trial. McHaney declined, according to the news services, and now will await DeVore’s written response to the state’s call for the matter to be dismissed.

Capitol News reproted that McHaney nullified all of the governor’s executive orders related to COVID-19 made after April 8. He also decided that the Illinois Department of Public Health has the “supreme authority” to close businesses and restrict residents’ activities in a public health crisis.

Bailey told Capitol News that the deadline for DeVore to respond was July 22 and that he would be adding a complaint to the suit that day.

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