(Editor's note: This article was published first at Illinois Policy Institute).
Illinois Gov. J.B. Pritzker is not taking “no” from two different courts as an answer, so he’s taking his fight to keep masks on students to the Illinois Supreme Court.
Pritzker was “disappointed” after the Illinois Fourth District Appellate Court rejected his appeal Feb. 17. Pritzker and Illinois Attorney General Kwame Raoul announced their high court appeal the next day, asking the court for an expedited review.
“In the meantime, the governor urges everyone to continue following the doctors’ advice to wear masks so students can remain safely learning in classrooms, and is encouraged that the court made it clear that school districts can continue to keep their own mitigations in place,” spokesperson Jordan Abudayyeh said in a statement.
Sangamon County Circuit Judge Raylene Grischow issued a temporary restraining order halting enforcement of Pritzker’s executive orders mandating masks in schools, weekly testing of unvaccinated school employees and quarantining of students and teachers who are close contacts of confirmed or probable COVID-19 cases.
According to Grischow’s order, Illinois law designates the Illinois Department of Public Health as the “supreme authority” in matters of quarantine and isolation, not the governor. She determined IDPH must follow state law regarding procedures to comply with due process requirements. Grischow noted in her order the plaintiffs were explicitly not seeking to dismantle statutes related to masking, vaccination, testing or exclusion policies, but only that they be given their rights of due process as guaranteed by Illinois law.
Illinois would be one of only 11 states with a statewide school mask mandate if Pritzker gets his way, according to The New York Times. Pritzker announced Illinois will lift the general statewide indoor mask mandate Feb. 28, but would not say when he would lift mask mandates for schools.
Because of Grischow’s order and pending litigation, over 550 Illinois school districts have gone “fully masks optional,” according to the plaintiffs’ attorney.
Even if the Illinois Supreme Court rules in Pritzker’s favor, the merits of the case have not been addressed by Grischow. Litigation can take months or even years, causing parents, kids and local officials lots of uncertainty.
The real problem underlying the school mask mandate confusion is Pritzker’s overreach.
Illinoisans have lived over 700 days under the governor’s emergency authority. Other governors, including neighboring Iowa, are rolling back executive control, and the majority of Midwest states are no longer under emergency authority.
State lawmakers should limit emergency powers through legislation passed by the Illinois General Assembly.
Other states have been moving to limit executive powers since the perils of their overuse were shown during the COVID-19 pandemic. Illinois should, too.