Illinois Gov. J.B. Pritzker, like many governors, has placed significant restrictions on individual rights under the rubric of “public safety.” But a Circuit Court judge has determined that the governor’s stay at home order exceeds the authority of his emergency powers.
And while the order is limited to the individual who filed to suit, it would apply equally to anyone who challenged if the ruling were to withstand appeal.
[State Representative Darren] Bailey has “shown he has a clearly ascertainable right in need of immediate protection, namely his liberty interest to be free from Pritzker’s executive order of quarantine in his own home,” McHaney said in his ruling.
Bailey filed to protect his individual rights when Gov. Pritzker extended his emergency order to May 30th.
“My lawsuit asks the court to find that Gov. Pritzker overextended his power by issuing additional ‘stay at home’ orders after his original disaster proclamation, which expired on April 9th, 2020,” said Rep. Darren Bailey. “Enough is enough! I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life.”
While special emergency powers were granted to the governor through the Emergency Management Act in the late 1980’s by the Illinois General assembly, the unprecedented power and authority he wields under the current crisis calls for an immediate review and reconsideration of legislative intent.
New Hampshire’s emergency order statute, RSA 45:4 should likewise come under scrutiny at the next available opportunity. It is not clear that the constitution ever allowed the extension of the power to shut down only certain businesses or to define their hours outside a declaration of Martial Law. It is also a matter of debate whether the legislature violated the Constitution when it, through an act of law, handed over such broad discretion to the executive branch. An authority that had long been reserved for the General Court.
Pritzker is appealing the order that challenges his use of emergency powers.