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August 7, 2022

IDPH Published Emergency Rule Redefining “Quarantine” –

By John Kraft & Kirk Allen

On September 21, 2021

Chicago, IL. (ECWd) –

After realizing they were losing in various court cases, the Illinois Department of Public Health (“IDPH”) published an Emergency Rule redefining “Quarantine” – thinking the new definition would change court rulings.

In a previous article (here), we stated:

What happens when the people push back against government action?  The government takes steps to change the law or rules.  It would not surprise me to see the definition of quarantine changed because that is the Illinois way.  When the government is caught breaking the law, the pattern is to change it to make their bad actions legal with the stroke of a pen.  Break the law, change the law.”

Three days after we published that article, the IDPH did allegedly change the law, through an emergency rule, to eliminate “Quarantine, Modified” as part of the definition of “Quarantine” – see page 16.

Also, on page 21, IDPH repeatedly uses the term “Exclude” to keep children out of school.

What will this change have on existing and future court cases? Tom DeVore, the attorney securing various temporary restraining orders against school districts, says that people still have the Constitutional protection of due process, and due process cannot be taken away at the stroke of a pen.

According to JCAR’s rule-making process (here), Emergency Rules can last no longer than 150 days.

JCAR has the authority to Suspend rules, Object to the rule and determine it is not consistent with the statute, and other reasons, which would prohibit the agency (IDPH) from adopting the rule until it responded to the Objection. JCAR can also Prohibit the rule by considering it a threat to the public interest, safety, or welfare.

Last May, JCAR shot down the Governor’s Emergency Rule which would have made criminals out of those who did not comply with his Executive Orders (here)

Read the new Emergency Rule below:

77-690 Emergency Rulemaking20210917 (1)

 

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4 Comments
  • David Somerset
    Posted at 09:35h, 21 September

    Just as Governor Rauner did in 2017 by signing the bill, with the imprimatur of the House and Senate, and you wrote about it here:

    https://edgarcountywatchdogs.com/2017/01/why-governor-rauner-must-veto-sb-3319/

    Does anyone see a pattern of corruption and lawlessness here? Guess not, they keep electing these people, move on, nothing to see here.

  • PK
    Posted at 10:13h, 21 September

    As for patterns of administrative behavior (rule making), please remind us that JCAR is construed to be a bi-cameral, bi-partisan entity which HAS NOT representation from every corner of the state. Know that JCAR representation is not equally distributed to Illinois’ judicial districts…

  • Jim Crawford
    Posted at 11:37h, 21 September

    Seeing as JCAR only allows democrats or republicans to be on the “council”, it is discriminating against other parties and people and therefore illegal. It needs to be disbanded.

    Jim C
    Champaign

    • Tony
      Posted at 06:50h, 22 September

      I forget the radio host that said this, but ” most repubs are really dems. But no dems are really repubs. ”

      Not that I’m liking either party at this point.

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