SPRINGFIELD, IL — A Sangamon Circuit Court on Monday vacated a July 2, 2020 Order from Clay County Circuit Court that granted summary judgment on State Rep. Darren Bailey’s amended complaint against Gov. JB Pritzker’s emergency powers stemming from the COVID-19 pandemic. The court also vacated the order from Judge Michael McHaney that applied the injunction to “all citizens of the state of Illinois.”
The Illinois Supreme Court had moved Bailey’s Clay County case to Sangamon County and consolidated it with the other Covid cases filed by Bailey attorney Thomas DeVore. The Illinois Attorney General’s Office asked the Sangamon County judge to reconsider Judge McHaney’s July 2nd decision.
On Monday, Judge Raylene Grischow ruled in the state’s favor and vacated Judge McHaney’s decision entirely.
Also, on October 22nd, Bailey filed a motion before Judge Grischow asking her to find the Governor in indirect civil contempt for failing to comply with Judge McHaney’s summary judgment order. Judge Grischow on Monday denied that motion as well.
In her rulings Monday, Judge Grischow states that a review of Bailey’s amended complaint reveals it did not allege or prove any facts necessary to maintain a class action, did not reveal any intention to form a class nor did it ask for class certification. DeVore had requested the court invalidate Pritzker’s emergency orders and apply that across the state.
However, Monday’s ruling says Judge McHaney failed to enter any findings related to the four statutory perquisites required for a class certification binding all Illinoisans and his order cannot stand.
The court further vacated the July 2 order granting summary judgment in Bailey’s amended complaint and also vacated Judge McHaney’s order applying it to all citizens of the state of Illinois.