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August 13, 2022

Governor’s Own Arguments Points To Bailey’s Case Being a State Issue, Not Just a Clay County Issue

By Kirk Allen & John Kraft

On July 7, 2020

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.

From the Order:

“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. 

 

 

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6 Comments
  • Dave Nevers
    Posted at 16:50h, 07 July

    There is such a thing as an interlocutory appeal, but I understand this was an appeal of the final order of the Court.

    I suppose JB will ask the Appellate Court for a stay pending appeal. Maybe a future column could comment on those prospects.

  • john t utterback
    Posted at 17:17h, 07 July

    This is not about the corona virus BUT I’m 85 years old and don’t understand why he raised all license plate fees intending to hurt the retired that get less than 25000,00 a year this does not figure into the retirement check as it is mostly spent by the time I get it and after paying all my bills not LOANS gas electricity and gas for our homes and now the weather has gone and electric bills are higher, auto, home insurance life insurance, groceries, and gasoline for auto all the masks it takes to wear when going shopping costing 1.oo to 1.50 apiece I suppose this will have very little affect for taking my time as well as yours to read this THANKS JOHN

    • Anita Sweater
      Posted at 08:08h, 08 July

      Bless your heart, John. I believe that the Secretary of State sets those fees. The governor probably has nothing to do with the exorbitant fee. Please stop buying or wearing a mask. You are too old to be compromising your health by doing something that will endanger your immune system and your breathing apparatus. I am your junior by more than a decade, but you are completely right about how retired seniors are not held in any kind of esteem. We are persona non grata in this new world order.

      • Mark Walden
        Posted at 15:15h, 15 July

        Anita,best advice I’ve seen all day! The only thing I would change is new world ODER.Good day and Bless you as well.

    • HT
      Posted at 23:58h, 08 July

      I think over time, as the people defer more of their decision making power to the state, the state can do anything it wants. Raising fees is just another way for them to maintain their lifestyle of the ruling class.

      As for seniors and the disabled, they’re the first groups to have any public services cut whenever there’s a budget or deficit issue. Meanwhile, countless programs for “inner city youths” and perfectly abled bodies to not have to work, while causing much grief and crimes, all go on w/o any threat of cuts.

      Just a hunch, but it seems to me that these socialists simply practice what they preach. That is, if you’re not a potential voting block, they wouldn’t need to cater to you.

  • Dave
    Posted at 19:13h, 07 July

    Just as it should!

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