A Southern Illinois Circuit Court Judge issued a TRO today that released the Petitioner from the restrictions imposed by Governor Pritzker’s 30 day extension of his original 30 day executive order!
Pritzker says he is appealing the order while urging state leaders and citizens to adhere to his EO.
On 4-21-20, constitutionality and enforcement concerns from all over the state led to David J. Robinson, The Chief Deputy Director of The Illinois State’s Attorney’s Appellate Prosecutor’s Office to provide a Memorandum as to the viability of enforcing the EO and the possible civil liability under Federal section 1983 to the police and prosecutors.
The conclusions of Illinois’ top prosecutor are as follows:
“My research leaves me less than confident that a reviewing court will hold that the governor has the authority to close businesses, bar attendance at church services and assemblies in excess of ten citizens (particularly if they are assembling to redress grievances). From a strict enforcement standpoint, although well-intentioned on an emergency basis, the EO is very broad and does not appear to meet strict scrutiny-this is not to mention the EO appears to be beyond the framework of the specific Act it cites as support.”
So now that the first court challenge has determined that the EO has expired and that the Governor, on his own volition has suspended constitutional rights without due process, what police officer will risk civil and criminal liability to himself?
Why would police and prosecutors arrest you and risk that you are injured or raped in lockup for protesting the governor’s unlawful order, opening your business, playing golf with 3 other people and refusing to wear a face mask?
Police are not immune from being sued for making unlawful arrests.
I urge you to go to secondcitycop.blogspot.com where you can read the Memorandum. While you’re there, read the comments by police officers and prosecutors. It is highly doubtful that anyone in law enforcement will risk personal liability to enforce Pritzker’s “it’s a law because I say it is edict.” Pritzker’s reign of tyranny is coming to an end. No man can undermine our constitutional rights with the issuance of a proclamation. Coronavirus has been used as a political weapon!
The time has come for the Patriots to laugh in the fat face of Tyranny.