MT. VERNON - State Rep. Darren Bailey (R-Xenia) has asked the Fifth District Appellate Court to vacate a restraining order he won earlier this week against Gov. JB Pritzker over his renewed stay-at-home order.
"In light of new documentation recently uncovered, which the Governor's office and the Department of Public Health failed to provide as required by Illinois law, we feel it is in the best interest of the people of the State of Illinois to voluntarily ask the Appellate Court to vacate the temporary restraining order," Bailey said in a statement. "I will then ask to file an amended complaint in the circuit court alleging the newly discovered facts and issues."
On April 27, Clay County Circuit Judge Michael McHaney imposed a temporary restraining order on the governor’s extended COVID-19 restrictions that keeps in place a stay-at-home order through the end of May.
Though seeking to voluntarily vacate McHaney's ruling, Bailey said his efforts to seek a court determination that Pritzker exceeded his authority will not end, "but will only get stronger."
"This new information offers a more complete picture and brings to light additional problems in regard to the procedural and substantive shortcomings of the Governor's office and the Board of Health's safeguarding of the civil rights of the citizens of the state. This will strengthen our efforts to ensure the liberty of all Illinoisans."
Bailey also said in his statement that if the Illinois Supreme Court hears this case, he wants Justices "to have all of the information available because their important decision will impact the lives of millions of citizens."
He is represented by Thomas DeVore in Greenville. DeVore has been contacted for comment.