Here’s an odd one in a pending federal case that has gone unreported.
A group attempting to put an advisory referendum question on the ballot for November was unable to do so, they allege, because of Pritzker’s emergency shelter-in-place order. It effectively prevented them, they claim, from collecting the required signatures.
They sued in federal court claiming their effort was improperly blocked. Defendants include Secretary of State Jesse White, members of the Board of Elections and several municipal officials including Josh Tanner, Macon County Clerk.
On Wednesday, Tanner, in his capacity as County Clerk, filed his answer and accompanying memorandum linked here.
It’s his defense that’s interesting. Pritzker’s order should have been ignored, the memorandum says, because it’s unconstitutional. It’s all on pages two through five, which lay out in some detail why Pritzker’s order was invalid.
In other words, if the plaintiffs were foolish enough to think Pritzker’s order was valid, that’s their problem. That’s essentially what the county clerk is arguing.
This would be the fourth court case we know about where the constitutionality of Pritzker’s order is being challenged. Two are pending in state court and one in federal court.
– Mark Glennon
Expect no retraction or apology. This what they do.
The state’s existing buyout program for its own pensions is the precedent for Chicago, which should be a warning: Look out for similar exaggerated claims and shoddy analysis.
Win the lawsuit!! Unconstitutional!!
Win!!
He overreached his constitutional authority. Work with legislature now
Open downstate. People who have singular incomes need to get back to work. Unemployment is a joke.
Everyone needs to start contacting there local representatives, senators, etc and ask them to start a petition to recall this governor. They are the only ones that can originate this if I stand correct, then petitions are sent out and must be done within a certain time frame. It is also a percentage of voters that voted to make this happen. Any insight wirepoints readers and comments.
YOU WANT US TO CONTACT DEAD BEAT FIGURE HEADS?
I am tired of the DESPOT of Illinois thinking that he is ruling with an iron fist.
The legal citizens of Illinois need to go out and work.
The Democraps want the citizens to be dependent upon them. There is no science to this. It is Pritzker and the rest of the Illinois democrats that want to rule with an iron fist.
The Federal government needs to come in state that Illinois can open
What about the mandatory wearing of masks in public? What does that mean? Will the police pick me up and send me to the gulag if I go to the grocery store without one?
It depends on your county . Many counties including my own will not be enforcing it . If a business chooses to ask you to that is their right . Said business can ask you to leave .
Don’t laugh, I had this Amazonian thing bully me for not wearing my mask correctly. I actually thought at first she was trying to rob me. After arguing for several minutes getting another elderly customer involved I lifted it up way up. Naturally if started fogging both of our glasses. I turned and knocked into a small display but continued filling up my cart. Just before I got into the line at the checkout this same Amazonian came up and said something to me, I know it wasn’t to apologize. I proceeded to the queuing area and just left the… Read more »
Why do Democrats have such a problem with following the Law?
The media protects them
Pandemic is Dem surrounded by PAN_IC
Didn’t the legislature conveniently arrange to only meet at earliest a couple days after the cutoff date (Monday?) to vote on placing any referendum/amendment on november ballot? Jb, madigan & the boys already got graduated tax amendment on ballot and once again squashed fair maps…thats using the pandemic
I wondered about this in the context of opening my business again, in defiance of the authorities. If I don’t open, can’t they say — with lawyers using the trickery their famed for — that I was never actually forced to close, because there was no lawful order to do so? Then it follows, well, am I supposed to interpret the Constitutionality of every government official’s orders and act rogue? I’m not a Constitutional scholar, so how do I reasonably do this? Or, do I act like a reasonable citizen, and assume that the governor is acting in good faith,… Read more »
Ouch! Your comment makes my brain hurt.
Sorry, it was late. I could have found a simpler way to say it, but my brain was tired.
I understand what you’re saying. It makes perfect sense. These kind of arguments should be brought to courts, they actually make sense. SCOTUS will eventually have a lot to sort out.
Exactly! Good argument!
They can’t make that argument, I don’t think. I am no expert in this, but my understanding is that the mere threat of enforcing a deprivation of a constitutional right is actionable, even if enforcement never occurs. Pritzker’s order starts out “I hereby order….”
“At this point in time, the exercise of powers by the Governor to mandate home detention for non-essential activity after 30 days is not enabled and exceeds the statutory grant of emergency powers. “
Yes, it’s worth noting that the lack of statutory authorization is in the defense, too, along with the constitutional issues.