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June 29, 2022

Judge Grants Restraining Order against Governor Pritzker, ISBE, IDPH, and Approximately 146 School Districts

By Kirk Allen & John Kraft

On February 4, 2022

Illinois (ECWd) –

Judge Grischow granted a Temporary Restraining Order against Governor Pritzker, Illinois State Board of Education, Illinois Department of Public Health, and approximately 146 school districts.

There are too many priceless quotes from the judge in the 29-page ruling so we will highlight a few here but encourage everyone to read the entire document to grasp the magnitude of this ruling.

  • This type of evil is exactly what the law was intended to constrain.”
  • “All IDPH did was take away individual due process rights and pass the responsibilities of health care issues to another administrative agency.”
  • “Since 2014 and prior to the recent 2021 Emergency Rules, tests and vaccines were also considered a form of “modified quarantine” because they were a procedures “intended to limit disease transmission.” Under the IDPH Act, individuals had the right to object to these procedures. If they objected, they were afforded due process of law. Likewise, “exclusion from school” was also a form of “modified quarantine” because it was considered a partial limitation on freedom of movement for those who may have been exposed to a contagious disease. At no time did the 2014 emergency amendments take away a person’s due process rights.”
  • “Thus, absent a properly filed emergency rule from IDPH, the Governor’s mandate is meaningless and ISBE’s Emergency Rule exceeded its authority.”
  • “How is this a threat to public safety? It is not, it is a threat to a unilateral unchecked exercise of authority by the Executive Branch. Stated differently, IDPH’ s delegation of its authority was an end-run whereby IDPH passed the buck to schools so as not to trigger the due process protections under the IDPH Act. Courts should not be fooled or misled by this egregious conduct.”

The judge addressed some great questions as well.

  • How did removing the words “Isolation, Modified” and “Quarantine Modified” and editing the definition of “Quarantine” assist in responding to a threatening situation?
  • How did adding a section delegating the duties of the IDPH and local health departments to schools assist in responding to a threatening situation?
  • What was the need to have this done on an emergency basis without input from the Legislative Branch?

“Based on the record before this Court, it is hard to see how the implementation of these Emergency Rules was necessary to counter the threat of the public interest safety or welfare.”

“No regulation was suspended because the reason for implementing the Emergency Rules was for administrative convenience and an attempt to circumvent the courts’ involvement, not because of any stated emergent public threat.”

We are pleased to see the very point we made on March 15, 2020, in this article on due process is echoed by the judge?

“The Legislature, in the implementation of the IDPH Act, specifically contemplated that people may object to quarantine and laid out procedural methods in which to address those objections. There is no question as to the promulgated statutory rights set forth in the IDPH Act that are due to citizens in matters of quarantine and isolation. Through the issuance of the above-noted Court rulings, these statutory rights have attempted to be bypassed through the issuance of Executive Orders and Emergency Rules.”

We also urge everyone to read the articles linked below that laid out what the law was on these issues in early 2020.  Seeing how the courts are not ruling on matters it is clear everything we said in early 2020 was 100% accurate.

Executive Overreach, we nailed it

A Civics lesson on the importance of due process during an emergency coming to courtrooms across the country

Due Process: Illinois Business and citizen road map to freedom

Illinois: The truth(on isolation/closure orders) shall set you free

The proverbial question: Can the Governor Do That?

Can We Say Told You So?

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

TRO Order 2-4-2022

 

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17 Comments
  • Frank Miller
    Posted at 06:46h, 05 February

    18 U.S. Code § 241 – Conspiracy against rights –

    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

  • John Weaver
    Posted at 07:25h, 05 February

    A judge that rules following the LAW!

  • Bear
    Posted at 08:57h, 05 February

    How long till it gets overturned by one of Pritzkers judges I’m sure the commy is hot and bothered right now

  • kathiann
    Posted at 09:54h, 05 February

    Obviously, it was the governor, IDPH and ISBE who needed the civics lesson. Thank you Judge Grischow! This is not the first court ruling that said the governor had overreached his authority. Clay County Circuit Judge Michael McHaney too said as much in Bailey V Pritzer on July 2, 2020. The Governor brushed that aside and continued his abuse of Illinois citizens for another 18 months without batting an eye.. Did he issue yet ANOTHER EO yesterday? Let’s hope he has finally learned his civics lesson. Somehow I doubt it. These types are always looking for another slippery way to circumvent the laws, even to the point of changing the meaning of words.

  • Dave
    Posted at 11:46h, 05 February

    Tyranny takes it in the teeth! The Illinois Bill of RIGHTS means what it say. The Illinois state constitution doesn’t grant the governor or the state bureaucracy the power to suspend the Illinois constitution. We the People aren’t that stupid!

    The democrat controlled state govt abuses Illinois citizens through the delegation of power. when they act like unelected officials in state agencies are above the Illinois state constitution. They want us to believe the state agencies have the lawful authority to make rules to govern us which are contrary to the Illinois constitution. Many in elected state govt (dems) want us to believe they have the lawful authority to delegate power without the responsibility to state agencies; they act as though respecting the Illinois constitution by state agencies is optional. IT IS NOT!

    The state government has only “enumerated powers”., not absolute power. NOWHERE in the Illinois Constitution did we the people delegate to the state government authority to impose oppression and tyranny. They violate Our Illinois Constitution when they impose such restrictions.

  • Cal Scigalski
    Posted at 12:33h, 05 February

    Great work, watchdogs. If JB doesn’t like the ruling he has the right to protest. With a hunger strike.

  • Dave
    Posted at 12:47h, 05 February

    Dogs, Great job educating the people

  • Frank Miller
    Posted at 17:19h, 05 February

    18 U.S. Code § 241 – Conspiracy against rights

    “If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

  • Golden Country
    Posted at 17:21h, 05 February

    Illinois continues to rule by bureacratic regulation. Just as soon as the US Supreme Court ruled against Gov forced vaccinations on busness the Illinois Dept of Labor entered emergency rules to force the vaccine mandate.
    This Judge has previously turned a blind eye to the Governor act of perpetual EO so I am surprised but thankful by this ruling from her.
    She is spot on that the legislature has sat on their hands the last 2 years. Its only when citizen started using the right of conscience stature did they step up. But in Illinois the legislature is always quick to suppress citizen rights.

  • JIMBO
    Posted at 21:25h, 05 February

    Everything else the same, “we told you so” caves to the status quo.

    Where is the ECWd’s reporting on the other cases; win, lose, or draw? For example, according to the clerk, there’s a Zoom conference in one of the 2020 MR cases on Feb. 7th, a case for which both Mr. Allen and Mr. Kraft are named in the original list of plaintiffs.

    • Kirk Allen
      Posted at 08:39h, 06 February

      This was the only case we had a copy of the judge’s order. The case we had against the governor was dismissed sometime back. I find it interesting that your focus is on what you think should be reported with an implication there is something nefarious if we didn’t report on what you want. There are more cases all over the state that are not getting reported on. The case we reported on was done because we have been writing articles on the very subject of due process before ANYONE went to court on the issue.

      • JIMBO
        Posted at 11:41h, 06 February

        I didn’t intend to imply something nefarious, nor do I have such want or expectation. Without gloating, I’m under the impression that the supreme court consolidated the pertinent lawsuits on the governor into the Sangamon county circuit court.

        By “other cases” I refer to those yourself and Mr. Kraft are named in. Much of the interest generated by your reporting for this reader, on the subject of due process in particular, is also in the case that has a zoom hearing on the 7th before judge Grischow. Foxfire is also named in that case.

        In an article published January 12th, “More information to follow” alerted this reader to stay tuned. I gather the TRO in this article could be that information.

  • Cindy
    Posted at 12:06h, 06 February

    LOL Kirk. Some people think you OWE them some kind of “reporting”. I guess they don’t understand what exactly it is that the Watchdogs are doing or even what Illinois Leaks has purposed.

    Thank you, sir, for EVERYTHING you do. May God continue to bless ALL your endeavors.

    • JIMBO
      Posted at 18:04h, 06 February

      Yeah…that’s it…a sense of OWE for not understanding the Watchdogs, or the mission of Illinois Leaks. As for your trivial guesswork, CINDY…please know that there is now one less person reading and commenting on the ECWd’s news. “Some people think” indeed!

      Good-bye, good luck, and farewell!

  • Spike Protein
    Posted at 02:19h, 07 February

    This is awesome and great news!

  • Catherine Ann DeLarche
    Posted at 14:44h, 08 February

    In light of this, can private businesses legally mandate mask wearing?

  • Cindy
    Posted at 12:13h, 09 February

    Catherine? No one can legally mandate anything. Read your question again and think.

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