Illinois Health and Hospital Association (IHA), Illinois State Medical Society (ISMS) and other influential healthcare organizations on Thursday filed an amicus brief in a lawsuit challenging Governor Pritzker’s extended stay-at-home executive order.
The organizations are speaking out against the Clay County Circuit Court’s April 27 temporary restraining order, which prevents the administration from enforcing the executive order against the plaintiff who filed the lawsuit, State Rep. Darren Bailey (R-Louisville). Their brief argues that while the ruling may only apply to Bailey, a downstate Republican, it opens the door to similar lawsuits.
In fact, another suit was filed on Wednesday in Winnebago County by State Rep. John Cabello (R-Loves Park), who also argues the governor has overstepped his legal power in extending his statewide stay at home order in response to the infectious disease outbreak.
As the strain of the shutdown, now in its 53rd day, coarsens a partisan divide between factions pushing for at least gradual re-opening and those siding with Pritzker's cautious approach, it also exposes a potential conflict between the Republican lawmakers suing and their caucus chief, Minority Leader Rep. Jim Durkin (R-Burr Ridge). Durkin, an attorney, is employed by the Chicago law firm representing the healthcare organizations supportive of Pritzker's order.
But a spokesperson for Durkin said that the Leader has no involvement with the firm's handling of the lawsuit, and that the firm, Saul Ewing Arnstein & Lehr, employs hundreds of lawyers in multiple locations across the country.
As quoted in Capitol Fax, a spokesperson for Durkin also said the Leader "is not planning on filing any lawsuits and as a firm believer in the judiciary system, he will follow the court's decision on this important issue."
In the meantime, the healthcare organizations say that Pritzker's extended stay-at-home order, which will run until at least May 30, is necessary to save lives by slowing the spread of COVID-19.
"Blocking the measures, which are based on the guidance and recommendations of the Centers for Disease Control and Prevention, would have a devastating impact on our most vulnerable populations, not to mention the continuation of consistent exposure of patients and healthcare professionals to the coronavirus," the groups say in a press release.
Illinois State Medical Society president Robert W. Panton, M.D., added that Illinoisans are "in danger" as a result of the Clay County Circuit Court ruling.
“We know this isn’t easy for anyone," Panton said. "But blocking the most important steps we’ve taken to fight this pandemic will only result in more people getting sick, and dying.”
Illinois Health and Hospital Association president and CEO A.J. Wilhelmi said that actions taken so far have helped flatten the curve, substantially mitigating the spread of the coronavirus and preventing many deaths
“Undoing the order will only increase the stress on already burdened hospitals and health systems and dedicated healthcare professionals, jeopardizing the availability of life-saving care to Illinoisans.”
Other challenges to Pritzker inlclude a lawsuit filed in federal court in Rockford by The Beloved Church, an evangelical Christian church in Lena, in Stephenson County. It argues that Pritzker’s orders have discriminated against people of faith by ordering churches and other houses of worship closed, while allowing other “essential” institutions and businesses to remain open. The church says it will continue with its suit, despite Pritzker's move late in the day on April 30 to alter the language in his stay at home order to allow for loosening of some restrictions on religious gatherings across the state.
And, Macon County Clerk Josh Tanner asserts that Pritzker's order is illegal and unconstitutional, though not in a lawsuit. Tanner takes the position in defending against a lawsuit over whether a marijuana referendum can land on the ballot this fall, involving whether cannabis dispensaries can open in the city of Decatur.