State lawmaker asks to vacate temporary restraining order over stay-at-home order

(The Center Square) – A state lawmaker who made headlines this week with his successful lawsuit challenging Gov. J.B. Pritzker’s stay-at-home order said Friday that he asked the Appellate Court to vacate the restraining 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,” state Rep. Darren Bailey, R-Xenia, said in a statement. “I will then ask to file an amended complaint in the circuit court alleging the newly discovered facts and issues.”

Clay County Circuit Court Judge Michael McHaney ruled in favor of Bailey after a hearing on Monday and granted a temporary restraining order against the extension of the stay-at-home order. The ruling only applies to Bailey.

“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,” Bailey said in a statement. “This will strengthen our efforts to ensure the liberty of all Illinoisans.”

Pritzker has called the court challenges “reckless.”

The governor said earlier this week that most people understand and support the state’s stay-at-home order, but he said some were trying to use the COVID-19 pandemic for political gain.

“I think there was a poll yesterday that showed the vast majority of people in the state – whether they are Democrats or Republicans – support the stay-at-home order, so I don’t think there is a partisan divide,” the governor said during a news conference in Chicago. “I do think that there are a few people who are trying to take political advantage at the moment – in the middle of the pandemic that is killing people – they’re politicizing it.”

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