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PRITZKER
APPEALS TO ILLINOIS SUPREME COURT AFTER TWO COURTS DERAIL HIS SCHOOL
MASK MANDATE
Illinois Policy Institute/
Brad Weisenstein
A judge’s ruling threw Gov. J.B. Pritzker’s
school mask mandate into chaos. Now that an appellate court has ruled
against Pritzker, too, he’s taking his fight to keep masks on students
to the Illinois Supreme Court.
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 Illinois Gov. J.B. Pritzker is not taking “no” from two different courts as an
answer, so he’s taking his fight to keep masks on students to the Illinois
Supreme Court.
Pritzker was “disappointed” after the Illinois Fourth District Appellate Court
rejected his appeal Feb. 17. Pritzker and Illinois Attorney General Kwame Raoul
announced their high court appeal the next day, asking the court for an
expedited review.
“In the meantime, the governor urges everyone to continue following the doctors’
advice to wear masks so students can remain safely learning in classrooms, and
is encouraged that the court made it clear that school districts can continue to
keep their own mitigations in place,” spokesperson Jordan Abudayyeh said in a
statement.
Sangamon County Circuit Judge Raylene Grischow issued a temporary restraining
order halting enforcement of Pritzker’s executive orders mandating masks in
schools, weekly testing of unvaccinated school employees and quarantining of
students and teachers who are close contacts of confirmed or probable COVID-19
cases.
According to Grischow’s order, Illinois law designates the Illinois Department
of Public Health as the “supreme authority” in matters of quarantine and
isolation, not the governor. She determined IDPH must follow state law regarding
procedures to comply with due process requirements. Grischow noted in her order
the plaintiffs were explicitly not seeking to dismantle statutes related to
masking, vaccination, testing or exclusion policies, but only that they be given
their rights of due process as guaranteed by Illinois law.
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Illinois would be one of only 11 states with a
statewide school mask mandate if Pritzker gets his way, according to
The New York Times. Pritzker announced Illinois will lift the
general statewide indoor mask mandate Feb. 28, but would not say
when he would lift mask mandates for schools.
Because of Grischow’s order and pending litigation, over 550
Illinois school districts have gone “fully masks optional,”
according to the plaintiffs’ attorney.
Even if the Illinois Supreme Court rules in Pritzker’s favor, the
merits of the case have not been addressed by Grischow. Litigation
can take months or even years, causing parents, kids and local
officials lots of uncertainty.
The real problem underlying the school mask mandate confusion is
Pritzker’s overreach.
Illinoisans have lived over 700 days under the governor’s emergency
authority. Other governors, including neighboring Iowa, are rolling
back executive control, and the majority of Midwest states are no
longer under emergency authority.
State lawmakers should limit emergency powers through legislation
passed by the Illinois General Assembly.
Other states have been moving to limit executive powers since the
perils of their overuse were shown during the COVID-19 pandemic.
Illinois should, too. |
