SPRINGFIELD, Ill. (WTVO) — A lawsuit filed by Illinois State Rep. Darren Bailey has been transferred to a federal court.
A Clay County judge ruled in Bailey’s favor last month, ruling that he was not bound by the stay-at-home order.
The case was on the verge of having a final ruling on Friday. Paperwork was filed Thursday to move the lawsuit into federal court in East St. Louis.
Illinois Attorney General Kwame Raoul says the case was moved to federal court because it involves US constitutional rights of freedom of religion and due process.
“The law gives a defendant the right to remove a case to federal court when a plaintiff files a complaint in state court alleging a violation of rights that are enshrined (in) the U.S. Constitution, and we have done so in several other cases challenging the governor’s executive orders,” Raoul’s press secretary said in a statement.
Bailey is attempting to broaden the ruling to make the governor’s order invalid for all Illinois residents.
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