DOJ has filed a Statement of Interest in an Illinois case challenging more general restrictions imposed by Governor J.B. Pritzker. The DOJ position is that the Governor’s last minute removal of the case from state to federal court, on the eve of a decision in state court, was improper. You can read the state court pleadings and motion papers here…DOJ’s involvement is helpful, but the more important aspect of the case is how the Governor feared a negative state court decision so he pulled the case, likely improperly, up to federal court at the last minute.
An Emergency Motion to Remand the case back to state court has been filed. But it will be at least until next week, maybe longer, before there is a decision. Even if the case gets sent back down to state court, Pritzker bought himself some more time to lockdown the state — possibly illegally — through this procedural maneuvering.
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