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Did the Illinois Supreme Court rule that the governor's stay at home orders were unconstitutional?

Tuesday, May 19, 2020
By William Boger
NO

Illinois Republican lawmaker Darren Bailey in April filed for a temporary restraining order against Gov. J.B. Pritzker, challenging the stay-at-home orders he imposed in early March as coronavirus cases increased in the state. A Clay County Circuit Court Judge granted Bailey his request, stating the governor "shredded the constitution." The ruling exempted only Bailey as an individual from the order.

When asked to intervene in the ruling by Gov. Pritzker and the state attorney general, the Illinois Supreme Court declined. Bailey then asked to have the temporary restraining order set aside, saying he would file an amended lawsuit at the county level. So no determination has been made by the state's highest court, pending further litigation.

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