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 Gov. J.B. Pritzker issued his 16th disaster proclamation on May
28, extending his emergency powers until long after he predicted the state would
fully reopen June 11.
At the end of the latest 30-day declaration, Pritzker will have wielded
emergency powers for 474 consecutive days.
Pritzker first declared a statewide disaster when COVID-19 hit in mid-March
2020, invoking the Illinois Emergency Management Agency Act. A section of the
act provides that in the case of a disaster such as a viral epidemic, the
governor can issue a proclamation declaring the disaster and grant himself
emergency powers over state institutions, operations and public health.
Pritzker has invoked his emergency powers to sign 75 executive orders into law
during the past 15 months. These executive orders include issuing statewide
stay-at-home orders, limiting the size of public gatherings, suspending the
enforcement of laws and agency operations and closing schools and businesses
deemed non-essential.
But the act states emergency powers are limited to 30 days. Pritzker has claimed
he can extend his emergency power indefinitely by continuing to issue new
disaster proclamations as they expire.
So where is the emergency now? Pritzker predicted Illinois would fully reopen
June 11. More than half of Illinoisans are fully vaccinated and the 7-day
positive test rate was 1.6% on June 1.
Without explicit rules on if Pritzker can extend his emergency power on his own
authority, the task falls to the Illinois General Assembly to clarify with new
legislation. State lawmakers have declined to do so.
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Most states have not allowed emergency powers to
last indefinitely. Emergency executive powers are meant to allow the
governor to quickly address a disaster in a way that a deliberative
body such as the General Assembly simply cannot. But when the
disaster is more than a year old, there is little reason for rules
to be dictated rather than debated and implemented by elected
representatives.
Since declaring a second disaster proclamation and
shutting down non-essential businesses by executive order, Pritzker
has become the target of multiple lawsuits alleging he overstepped
his authority.
The first lawsuit was filed by state Rep. Darren Bailey, R-Xenia, in
Clay County during April 2020. A total of 19 lawsuitschallenged
Pritzker’s authority to order people to stay home and to close
businesses.
State courts have since ruled to uphold the mitigation policies
introduced under Pritzker’s Restore Illinois reopening planand
affirm his claim to emergency power by executive order for as long
as he believes the disaster that caused the emergency continues.
But one case remains alive despite the Illinois Supreme Court
rejecting an appeal bid on May 26. FoxFire Restaurant in Geneva,
Illinois, filed suit a year ago claiming Pritzker’s orders were
arbitraty. The case continues at the trial court level.
Illinois does not have a king. State lawmakers did not nothing to
dethrone Pritzker, but maybe a judge will.
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