MACHESNEY PARK, Ill. (WTVO) — State Rep. John Cabello (R-Machesney Park) is filing a lawsuit against Gov. JB Pritzker’s stay-at-home order, similar to one which a southern Illinois ruled in favor of yesterday.
Cabello said his lawsuit will differ from that filed by Rep. Darren Bailey (R-Xenia), in that it will not apply only to him, but to anyone.
“We need to do something to get back to our normal American way of life,” Cabello said Tuesday. “This isn’t going to force people to leave their homes. Anyone who wants to abide by the recommendations can.
“I want to find out if (the governor’s executive order) is constitutional,” Cabello added.
Earlier today, Illinois Gov. JB Pritzker filed an appeal Tuesday after Bailey challenged his stay-at-home order and won.
On Monday, Clay County Circuit Judge Michael McHaney issued a temporary injunction so Bailey could disregard the stay-at-home order.
Bailey, a Xenia resident, argued Pritzker did not have the authority to extend his stay at home order beyond the initial 30 days. He said the state already has a plan in place that the governor is ignoring.
In a national television appearance on the Today Show Tuesday morning, Pritzker said, “The suit itself was extraordinarily irresponsible. This state representative was looking to gain some celebrity for himself. He took it to a local court, to a local elected judge, and got the ruling that I think he knew he was going to get in that courtroom.”
Both Cabello and Bailey are represented by attorney Thomas DeVore.
“I’d expect in the near future that this issue was raised by Mr. Bailey successfully today is going to start cascading around the state,” DeVore told Center Square.
Cabello has also criticized the governor’s decision to release criminals, including convicted murders, early to reduce prison populations across the state, in an effort to curb the spread of COVID-19 within closed communities.
From murder to domestic battery, more than one hundred inmates who committed crimes in Winnebago County have been released from prison.
Winnebago County State’s Attorney Marilyn Hite-Ross said that some inmates are being let out so quickly that she doesn’t have proper time to inform victims, as is required by the Rights of Crime Victim’s Act and the Illinois Constitution.
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