Springfield, IL - Rep. Darren Bailey and Gov. JB Pritzker have to wait a bit longer for their next date in court. Their hearing set for Friday afternoon has been canceled.
The main question that needs to be answered: Did the governor's emergency declaration on April 30 define COVID-19 as a disaster? That is the one count of the lawsuit Judge Michael McHaney hasn't ruled on.
Both attorneys came to an agreement that Bailey will file a written response to Pritzker's request for dismissal. He will also file a motion for leave to add another count to the lawsuit by Wednesday. The Illinois Attorney General's office says the first count of the lawsuit is "moot."
Bailey incorporated the disaster argument into two portions of the case he already won earlier this month. Reporters asked Pritzker about this after he announced the new metrics for Restore Illinois Wednesday.
"Suffice to say even with the final ruling, it only applies to the one plaintiff that was represented there," Pritzker said.
Bailey's attorney, Tom DeVore, disagrees with that assessment, stating the ruling impacts all of Illinois. Pritzker says he still has authority to enact executive orders since there has been no final judgment for the case.
Once again, there won't be an update for the case until documents are submitted next week. At that point, both parties will contact the Chief Judge and schedule a hearing.