SPRINGFEILD, Ill. (WGEM) -- A Sangamon County Judge has granted Gov. J.B. Pritzker's motion to reconsider the ruling against his executive orders.
Judge Raylene Grischow ruled Monday against  that the governor did not have the authority to issue disaster proclamations and executive orders during the COVID-19 pandemic.
In July, Judge McHaney granted summary judgment on two counts, calling Pritzker's orders unconstitutional. McHaney had said the governor had no constitutional authority under the provisions of the IEMAA to restrict a citizen's movement or activities and to forcibly close businesses because any such authority was restricted to the Department of Health.
Read Judge McHaney's order .
Rep. Darren Bailey (R-Xenia), who filed the lawsuit against the governor in April, has long argued against Pritzker's authority to extend his emergency powers beyond 30 days granted under the Illinois Emergency Management Agency Act (IEMAA). The law allows the governor to respond to public health emergencies with statewide disaster proclamations and emergency powers for 30 days.
On Monday, Judge Grischow said the state's police powers do authorize measures to be implemented to protect its citizens when confronted with threats to public health and safety.
Judge Grischow explained that the state's police powers are outlined in both the state and federal constitution and supports the governor's actions in combating the pandemic. "Without that authority," she said, "the state would be paralyzed to act when needed."
Judge Grischow also addressed Judge McHaney's belief that the governor's actions are unlawful because such powers have been expressly delegated to the Department of Public Health
She explained the Public Health Act places no restrictions on the governor's emergency powers that exist under the IEMAA. She said section 2(m) of the Public Health Act specifically states that "nothing in this section shall supersede the procedures set forth in the IEMAA."
Judge Grischow said, "a plain reading to the two statutes makes it clear that the Public Health Act is a supplement to IEMAA. In addition, the executive orders do not concern "quarantine or isolation" orders from the Department of Public Health which would trigger the department to act."
Judge Grischow also said Judge McHaney could also not apply his ruling to all citizens of the state of Illinois, since Bailey and the governor were the only parties named in the the lawsuit.
To do so would require a class action. Judge Grischow said, "this court did not find any motion requesting class certification, nor did the court find any pleaded facts to bring the matter within the statutory prerequisites for a class action. This portion of the Judge McHaney's Order has no basis in law."
For these reasons, Judge Grischow said, "this court is vacating the July 2, 2020 order that granted summary judgment on counts II and III of Bailey's amended complaint."
Gov. JB Pritzker filed the motion in November to reconsider Judge McHaney's judgment.
