EAST ST. LOUIS – U.S. Magistrate Judge Gilbert Sison remanded state Rep. Darren Bailey’s liberty suit against Gov. JB Pritzker to Clay County on Monday, June 29.
“Clearly, the crux of the instant dispute is the scope of the governor’s power under the statutory scheme established by the Illinois legislature,” Sison wrote.
Pritzker removed the suit from Clay County in May, claiming Bailey raised issues under the U.S. Constitution.
Bailey filed an emergency remand motion, and Sison expedited the proceedings.
In his order he declared it a close call.
First he set a context of uncharted and turbulent times.
“There is no easy balance between protecting the public from a silent, fast spreading, novel virus and preventing great social upheaval and the heavy strain of economic and financial uncertainty,” Sison wrote.
He found that to a certain degree, Bailey raised constitutional claims. He also found Bailey acknowledged that the core of his claims is an allegation that his constitutional rights were violated by state action in violation of state law.
Overall, he found Bailey referenced constitutional rights vaguely and in passing.
He decided to apply Illinois law on declaratory judgment, “despite the omission of a statutory reference.”
He found Bailey alleged the elements of declaratory judgment, opposing interests related to an actual controversy and the court’s power to resolve the dispute.
“While rights secured by the U.S. Constitution are impacted by the orders and proclamations at issue, they are not central to any claim for a declaratory statement from the courts on the bounds of Illinois statutory and constitutional grants of authority to a governor under the Illinois declaratory judgment statute,” he wrote.
He found that to the extent Bailey asserted violation of his federal constitutional rights, the Illinois Constitution protects the same rights.
“Finally, in the absence of any purported federal claim predominating this case, Bailey’s original choice of forum should be respected,” he wrote.
After Bailey filed the complaint in Clay County, Circuit Judge Michael McHaney granted him a temporary restraining order.
It didn’t take effect because Pritzker appealed and Bailey moved to vacate McHaney’s order so he could amend his complaint.
Sison found the original complaint could have allowed a court to find a claim for redress of a deprivation of a right secured by the U.S. Constitution.
He found the amended complaint stopped just short of doing so.