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August 10, 2022

Governor Pritzker admits doubt on authority to issue executive orders

By Kirk Allen & John Kraft

On July 17, 2020

Illinois (ECWd) –

Governor Pritzker, along with DR. NGOZI EZIKE, in her official capacity as Director of the Illinois Department of Public Health; and DR. CARMEN I. AYALA, in her official capacity as the State Superintendent of Education is suing one public and two private schools over refusal to comply with his directives.

The action brought seeks a Declaratory Judgement and Injunctive Relief.

Declaratory Judgement – “Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights.”

INJUNCTIVE RELIEF-  “a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.”

In the complaint, “The State seeks a judicial declaration confirming the legality of the Governor’s executive orders and the Guidance, and injunctive relief to require the Schools to stop refusing to comply with the executive orders and Guidance.” 

Such a request points to the Governor doubting the legality of this executive orders and guidance, otherwise, there is no need for a Declaratory Judgement.  If he truly believed he has the power he is exercising he could have simply filed for Injunctive Relief.

The fact his executive orders issued after April 8, 2020, have been ruled void ab-initio appears to be a fact the Governor refuses to accept. Of interest in this pleading is the fact the State fails to point to any case-law to support their position and failed to point out former Attorney General Lisa Madigan has issued a legal opinion on the limits of Executive Orders pointing to them only applying to State Agencies. (article here)

We will publish a separate article providing our detailed analysis of the Governor’s filing as we believe the State has failed to represent the law properly.

A copy of the filing can be downloaded at this link or viewed below.

Hutsonville Complaint with Exhs 07.16.2020.

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13 Comments
  • Viral overload
    Posted at 05:31h, 17 July

    If a District court in one county in IL rules the governor has the authority to issue an EO more than 30 days after declaring an emergency, is does that ruling stand in the entire state or just that one county? Could we have a scenario where the EO stands in Sangamon, but not in Clay? Is the governor trying to force an appeal from a Sagamon ruling rather than file an appeal to the Clay ruling?

  • Stacy
    Posted at 06:50h, 17 July

    Here we go with the tyranny again. He will force nothing on my children, even if he finds a corrupt judge to give him his way. My children won’t go to school, they will be homeschooled.

  • Dave
    Posted at 07:15h, 17 July

    Incredible how long its taking him to come to the conclusion he wasn’t elected a King

    • Shela
      Posted at 00:05h, 18 July

      Neither is Trump….its amazing how many times Trump can sign executive orders and no one says anything…but as soon as a Governor does it…everyone loses their minds.

      • Dave
        Posted at 13:27h, 18 July

        The recently enacted USMCA (Pelosi) is unconstitutional and was passed by both houses of congress and signed by Trump. No one says Trump is without sin

    • JM
      Posted at 21:02h, 21 July

      Most presidential EOs do not create legislation out of thin air. They usually re-iterate, discus “intentions”, announce policy adjustments and make changes to departments, programs, and rules the executive ALREADY HAS LAWFUL AUTHORITY OVER. And many of Trumps EO’s have been challenged and deemed outside his authority by various courts. This particular set of EO’s by Mr. Pritzker are in direct opposition to statutes already in force, ignore definitions already established, and assume powers he DOES NOT LAWFULLY HAVE.

  • Tracey Baker
    Posted at 07:54h, 17 July

    What is really needed to settle this and many other problems with Illinois (local up to state) is the enactment of penalties from fines and/or jail time when these offenses happen. In short immediate prosecution. There are penalties for infractions of laws and statutes regarding illegal use of said, however, they are rarely if ever used. No penalty for government officials, so who cares, just keep doing it.

  • PK
    Posted at 09:58h, 17 July

    Illinois K-12 school disricts NEED the Governor and his administrative agencies to tell them how to operate. Else, district officials, teachers, parents, and their students just wouldn’t know what to do or how to be. [Remove sarcasm]

  • jasonwt765
    Posted at 11:36h, 17 July

    He’s toast

  • Shela
    Posted at 00:08h, 18 July

    Its amazing how many times Trump can sign executive orders and no one says anything…but as soon as a Governor does it…everyone loses their minds.
    Also you guys talk about how corrupt Illinois is, what about the federal government? I’m sure the Trump administration is corrupt…Trump owns stock in several of the companies making a vaccine for covid-19, Trump hires illegals to work at his golf courses, and keeps ICE from interacting in his business… and so much more, but everyone is fine with it, because we all know this is just a political move, republicans attacking a democrat.

    • Dave
      Posted at 14:04h, 18 July

      Baloney……. stop reading the DailyBelch(Beast)…… they and the truth are strangers

    • PK
      Posted at 08:44h, 19 July

      Ma’am, the ECWd mission is primarily focused on local government. To be sure, they don’t just ‘talk’ about local cultures of corruption.

      How transparent are your local governments and public bodies?

  • Stephen Thomas
    Posted at 16:14h, 13 August

    Impeach JaBa the Pritzk.

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