A showdown over Gov. JB Pritzker's use of emergency powers is likely to play out in Springfield this week in the wake of rules he introduced on Friday, via the Department of Public Health, that would extend his shutdown authority for 150 days.
Not only would the emergency provision allow Pritzker to keep the state under varying degrees of shutdown for another five months, it adds criminal penalties for business owners who violate the state's orders.
State Rep. Charlie Meier (R-Okawville) said in reaction that Pritzker "has gone too far, enough is enough.”
He said he found it "disgusting" that the new emergency rule could give jail time to business owners just trying to feed their families and pay their bills, "while his family travels around the country and he continues to let rapists and murderers out of jail. Who would have thought he was planning on using those cells for people paying taxes.”
Meier also said the Joint Committee on Administrative Rules (JCAR), a bipartisan legislative oversight committee that can object to and suspend an emergency rule on a finding that the rule is contrary to the public interest, is scheduled to meet on Wednesday and has the authority to overturn the rule.
Illinois House and Senate members are also scheduled to gather on Wednesday, though an agenda has not yet been publicized. The General Assembly was to have convened from Jan. 8 through May 31, but was suspended in March at the onset of the governor's initial stay-at-home order amid the emerging COVID-19 threat. Executive orders have since been extended twice, through May 31.
The Edgar County Watchdogs, which dubs itself as a non-profit government accountability organization focusing on assisting citizens across Illinois in their efforts of holding local and state government accountable to the rule of law, is urging the JCAR to suspend the proposed rule.
In a letter to JCAR, the group says the rule violates business owners due process rights. It also points out that under "current" rules, public health departments are required to prove that a person or business is a health risk, and under the suggested new rules, businesses are "guilty for simply operating their business even though there is no evidence they are a risk to public health and safety."
"It appears after realizing the EOs being issued had to prove a business was a risk before closing them was a hurdle they could not overcome," the letter states.
Legal action against the governor, asserting he violated state law in extending his emergency powers, has been growing in courts across the state.
Among them is a suit brought by State Rep. John Cabello (R-Machesney Park), claiming Pritzker's extended stay at home orders, issued as the centerpiece of his actions to combat the spread of COVID-19 in the state, grouped Illinois businesses, organizations and activities into two categories, essential and “non-essential.”
Cabello argues the governor lacked that authority under the Illinois Emergency Management Act. He pointed to the law’s text, which expressly restricts the governor’s use of emergency powers to a 30-day period following his declaration of a disaster. After that, Cabello says, the governor needs to win approval from the Illinois General Assembly to continue using his powers.
State Sen. Jason Plummer (R-Edwardsville) has for weeks been calling for legislators to resume session, saying the way the state is currently being run is the "antithesis" of how government is supposed to work.
Plummer also said he'd like to see JCAR block Pritzker's new emergency rules, when the committee meets.
He said the governor's orders have effectively transformed Illinois into an autocracy in a matter of weeks and called for the U.S. Department of Justice to intervene for the constitutional righs and civil liberties of Illinois citizens.
"The Governor is depriving Illinoisans of their constitutional rights and, when the people seek redress, he is grotesquely using state police power to threaten and intimidate citizens, businesses, and local units of government who dare question or challenge his seized authority," Plummer said.
In the governor's first executive order effective March 21, Eight weeks ago, it required all citizens remain in their homes and halted all church services, school and children activities. It also required the closing of "non-essential" businesses.
Plummer says the Pritzker's orders are in violation of due process of the U.S. and Illinois Constitutions, as well as the procedural safeguards within the Illinois Department of Public Health Act and Illinois Emergency Management Agency Act.
"Governor Pritzker is acting in complete disregard of all constitutional and statutory safeguards which limits his authority," Plummer said.
He contends the executive orders violate, among other things, citizens' First Amendment rights to free speech, freedom of assembly, free exercise of religion, as well as their Fifth Amendment rights. The executive orders amount to a taking of property by government without due process of law.
"The process by which Governor Pritzker has handled this crisis is shocking, has shredded the separation of powers, and sets a terrible precedent that must not be allowed to stand. The exclusion of the legislative branch of government during this crisis and the arbitrariness of the governor's orders have undermined the rule of law," Plummer said.
"The wanton destruction of Illinoisans' livelihoods by Governor Pritzker's orders has destroyed jobs and decimated tens-of-billions of dollars of assets while undermining private property rights in our state. The total damage Governor Pritzker has done to families, workers, and job creators in this state is so large as to be currently immeasurable and unfathomable."