Clay Co. Illinois (ECWd) -
This morning we published this article which exposed the misinformation being pushed by Representative Pappas regarding the Darren Bailey court victory last week in Clay County. Pappas believes the court's ruling only applies to Clay County. While she did admit she had not read the ruling, one would think you would hold off expressing an opinion until you had read it so as to not look stupid.
"6) Plaintiff' oral request that his Amended Complaint be a representative action and apply to all citizens of the State of Illinois is granted"
Ironically, numerous media outlets have either ignored the Court's Order or attempted to minimize it by claiming it does not apply to the rest of the state.
The transcript from a motion for a venue change in the Bailey case contains the Governor's arguments that a change of venue to Sangamon County is justified based on the words from another Judge in another Court, citing numerous times, it impacts the entire state.
- "Continuing, the majority of the verified complaint addresses a requested declaration that affects the entire state."
- "The court can not ignore the public interest factor of this being a localized versus state-wide controversy touching every corner of the state."
- "The court finds it is as important to have consistency in rulings on a state-wide issue during this pandemic."
- "Same facts. Same legal issues. Same state-wide issues touching every resident of the state of Illinois."
- "Because Judge Asbury's decision is the basis for the entire motion, that Judge Asbury's decision is an issue that touches every citizen in this state."
- "Quote, paragraph 70, it applies equally to every county in the state, close quote, and the way the amended complaint is drafted, it shows that he's right. It shows that he's right."
With the Governor making arguments that the case should have been heard in Sangamon County because it affects every citizen in the state, why are so many taking the position the Clay County order only applies to Clay County? Had the venue changed based on the Governor's arguments would they then say the same ruling from Sangamon County would only apply to Sangamon County?
Another interesting position being taken is that the order is not final, yet the Governor intends on appealing. Being a lawyer, the Governor surely knows you can't appeal a ruling until its final. If they are going to take the position it's not final, under what process do they think they can appeal?
The fact of the matter is crystal clear. Judge Michael McHaney ordered that the Amended Complaint be a representative action and apply to all citizens of the State of Illinois.