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Another day, another failed lawsuit

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* Sarah Mansur at Capitol News Illinois

A Sangamon County judge on Monday ruled Gov. J.B. Pritzker’s administration has power under state law and the state constitution to issue executive orders that mandate public health measures at schools amid the COVID-19 pandemic.

The decision, issued by Sangamon County Judge Raylene Grischow after a roughly two-hour hearing, relates to two lawsuits — Mainer v. Illinois Department of Public Health and Pritzker v. Board of Education of Hutsonville — that arose from Pritzker’s June executive orders regarding schools.

The governor’s executive orders apply to all public and nonpublic schools from pre-kindergarten through 12th grade, and they allow schools to reopen as long as they follow IDPH public health requirements, which include capping the number of people in gatherings, mandatory face coverings and temperature screenings.

In explaining her decision, Grischow cited her Aug. 18 order in Pritzker v. Board of Education of Hutsonville in which she issued a temporary restraining order requiring the schools to follow the state’s public health guidelines set forth in Pritzker’s executive orders.

The judge also cited the Fox Fire restaurant appellate case on which is now precedent.

* Fox Illinois

“My client disagrees. I disagree,” attorney Tom DeVore tells us. “I don’t think the standard applied by the court was consistent with the law… I think they were more concerned about masks, the use of masks, and other safety precautions versus who has the authority to issue those safety measures. My client believes that is for the legislature and we are going to appeal.

Please do appeal this. Please.

posted by Rich Miller
Tuesday, Nov 17, 20 @ 9:52 am

Comments

  1. “My client disagrees. I disagree,” attorney Tom DeVore tells us. ==

    That is your right. Disagree all you want, but comply with the ruling of the court.

    Comment by OutHereInTheMiddle Tuesday, Nov 17, 20 @ 10:01 am

  2. ===“My client disagrees. I disagree,”===

    Probably strenuously. I am genuinely curious if he truly believes he’s right or simply enjoying the attention and billable hours.

    Comment by Cubs in '16 Tuesday, Nov 17, 20 @ 10:01 am

  3. The grifting by DeVore will not be denied… until the checks stop coming.

    Tom DeVore; Sure I’ll Lose, But The Checks Cash Just The Same

    Comment by Oswego Willy Tuesday, Nov 17, 20 @ 10:02 am

  4. I think the key part of the ruling is that the legislature already gave the ok to the governor via the Public Health Act to control an epidemic. If you had to go get the ok from the legislature in an emergency that would go against the point of the Public Health Act. Maybe Rep Bailey should propose a bill to withdraw the Public Health Act.

    Comment by Publius Tuesday, Nov 17, 20 @ 10:02 am

  5. ““My client [still has money]. I [want it] and we are going to appeal.”

    – MrJM

    Comment by @misterjayem Tuesday, Nov 17, 20 @ 10:10 am

  6. Oh, the lawyer jokes just write themselves.

    Comment by Bruce( no not him) Tuesday, Nov 17, 20 @ 10:14 am

  7. Instead of chasing ambulances, he helps fill them while lining his own pockets. What a stand-up guy.

    Comment by DownStateR Tuesday, Nov 17, 20 @ 10:16 am

  8. I am genuinely curious if he truly believes he’s right or simply enjoying the attention and billable hours. - Cubs in ‘16

    If DeVore were a true believer…Pro bono would be his course…right?

    Comment by Dotnonymous Tuesday, Nov 17, 20 @ 10:22 am

  9. well there’s this interesting little bit from DeVore’s FB account -
    “I will pay $1,000 to the first journalist who provides me footage of Pritzker out celebrating Thanksgiving with friends and family!!
    Spread the word far and wide for this mission “Operation Thanksgiving Tyrant Track”

    Comment by DownSouth Tuesday, Nov 17, 20 @ 10:23 am

  10. DeVore should join Trump’s legal team. A match made in heaven.

    Comment by Watcher of the Skies Tuesday, Nov 17, 20 @ 10:25 am

  11. ==”[T]hey were more concerned about…safety precautions versus who has the authority to issue those safety measures.”==

    translation: “Why focus on the nearly 11K dead when there are 12.7 million living (that I can represent)?”

    Comment by Jocko Tuesday, Nov 17, 20 @ 10:27 am

  12. === “My client disagrees. I disagree,” ===

    As long as he can string his client out, the more money he makes. Cha-Ching

    Comment by Norseman Tuesday, Nov 17, 20 @ 10:33 am

  13. Watcher, I’m not sure heaven is where that match was made. More like “a dark and gloomy den, where a flaring gas-light burnt all day in the winter-time, and where no ray of sun ever shone in the summer…”

    Comment by The Ford Lawyer Tuesday, Nov 17, 20 @ 10:41 am

  14. Anyone else see the relationship between Devore and his suckers, excuse me, clients ending incredibly bad?

    Comment by Flyin' Elvis'-Utah Chapter Tuesday, Nov 17, 20 @ 10:49 am

  15. Good point Dotnonymous.

    Comment by Cubs in '16 Tuesday, Nov 17, 20 @ 11:02 am

  16. We have a judiciary to check the other two branches. Opinions and bias aside, it’s good we do.

    Comment by PraireState Sense Tuesday, Nov 17, 20 @ 11:09 am

  17. From a most excellent play:

    Sam Weinberg: “I strenuously object?” Is that how it’s done? Hm? “Objection, your Honor”
    “Overruled”
    “No, no. I STRENUOUSLY object.” “
    Oh, you strenuously object. Then I’ll take some time and reconsider.”

    Comment by Bothanspy Tuesday, Nov 17, 20 @ 11:24 am

  18. “heaven is where that match was made. More like ‘a dark and gloomy den…’ I was thinking more like a dive bar where all the patrons wore plaid polyester suits and loud ties.

    Comment by Skeptic Tuesday, Nov 17, 20 @ 11:30 am

  19. and let’s not forget the recent 4th district opinion regarding sheriff’s. not directly on point, but does uphold the govs authority. their appeal might be very short lived.

    Comment by depressed in politics Tuesday, Nov 17, 20 @ 11:35 am

  20. Like I said before.

    The word DeVore should be a new term for something horrible to others around them

    Like when someone clearly has gone number 2 in their pants but actively tries to get others around them to smell it. That person is DeVoring the people around them.

    Comment by The Dude Tuesday, Nov 17, 20 @ 11:58 am

  21. And after he walked out of the courhouse DeVore came to Jacksonville to meet with almost all of the bar owners and convinced them to re-open because nobody can do anything about it. So most of the previously closed bars are again open thanks to him. Not sure if he mentioned yesterday’s cases that seem to indicate otherwise to the assembled crowd or not.

    Comment by MiddleGround Tuesday, Nov 17, 20 @ 12:29 pm

  22. “That person is DeVoring the people around them.” -

    Mean and hilarious… at the same time.

    Comment by Dotnonymous Tuesday, Nov 17, 20 @ 12:32 pm

  23. DeVore: “I don’t think”. He should have ended his sentence right there.

    Comment by thisjustinagain Tuesday, Nov 17, 20 @ 12:56 pm

  24. It appears many commentators on this website have a problem with individuals attempting to defend their constitutional rights to make an honest living.

    Comment by Karma's Lawyer Tuesday, Nov 17, 20 @ 7:23 pm

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