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Judge McHaney: “Every second this Executive Order is in existence, it is in violation of the Constitution and shreds the Bill of Rights.”
Judge McHaney: “The issue before me now is whether the Governor can ignore the Illinois and U.S. Constitutions for more than thirty days. This court rules that the answer to the question is a resounding ‘No.'
A three-judge panel that included two Trump appointees unanimously rejected the state GOP’s request for a preliminary injunction against enforcement of the order issued by Gov. J.B. Pritzker.
Lawyers for the Republican Party argued that Pritzker’s decision in June to exempt churches and other religious organizations from the cap undermined the governor’s ability to leave that limit in place against political assemblies, which also enjoy special protection under the Constitution.
The Illinois Republican Party and some of its affiliates (“the Republicans”) believe that the accommodation for free exercise contained in the executive order violates the Free Speech Clause of the First Amendment.
In this action, they seek a permanent injunction against EO43.
In so doing, they assume that such an injunction would permit them, too, to congregate in groups larger than 50, rather than reinstate the stricter ban for religion that some of the Governor’s earlier executive orders included, though that is far from assured.
Relying principally on Jacobson v. Massachusetts, 197 U.S. 11 (1905), the district court denied the Republicans’ request for preliminary injunctive relief against EO43.
Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws.
The Court's decision articulated the view that individual liberty is not absolute and is subject to the police power of the state.
Judge McHaney:
Does the Governor have the right to shred the Constitution for longer than 30 days? That’s the issue, isn’t it?
originally posted by: gladtobehere
a reply to: stosh64
Unfortunately they lie. :-(
But yah, everyone seems to be supporting her which is usually a bad sign.
When both the Rs and Ds come out against someone, it usually means theyre a decent person.
No one is talking about this...
originally posted by: MarlbBlack
a reply to: Drucifer
So your # being burned to the ground doesn't phase you? hmm Rioting through the streets doesn't phase you? hmmm ok then.. carry on....
originally posted by: MarlbBlack
a reply to: Drucifer
Ohhh so as long as it's someone elses # being burnt to the ground it doesn't phase you... gotcha
originally posted by: Drucifer
Wow, I thought for sure this post would get a lot more attention on here.
The crickets are alarming, to say the least.
I know this doesn’t align itself with Trump picking the best person for the job, but that shouldn’t be a reason to ignore it people.
originally posted by: Xtrozero
To end this, most did not comment on this as there really wasn't a point to comment on other than to suggest she is a bad pick with personal opinion driving that idea, so I need to ask what is the main point of the OP?
originally posted by: gladtobehere
She upheld a blatantly unconstitutional lockdown decree and used another unconstitutional Supreme Fraud opinion to justify it.