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It
was unclear Tuesday if the state's highest court would take up
the case.
Last fall, separate lawsuits were filed on behalf of more than
700 parents and dozens of school staff against more than 160
school districts, state education officials and the Pritzker
administration. The lawsuits challenged mask and exclusion
mandates on children and vaccine or testing requirements for
school staff.
Earlier this month, a Sangamon County Circuit Court judge deemed
Pritzker’s mandates null and void and issued a temporary
restraining order against enforcing the mandates. Pritzker
appealed to the Fourth Circuit Court of Appeals.
Last Tuesday, the Joint Committee on Administrative Rules on a
bipartisan vote blocked emergency rules Pritzker’s Illinois
Department of Public Health filed the day before. The appeals
court panel late Thursday found that because of JCAR’s actions,
the governor’s appeal was moot.
Since then, hundreds of school districts have gone either mask
optional or mask recommended. At least two school districts,
including Chicago Public Schools, face contempt charges for
requiring plaintiffs' children to wear masks despite the circuit
court's order.
On Tuesday, Illinois Attorney General Kwame Raoul filed four
motions to the Illinois Supreme Court, including an emergency
motion for stay pending appeal and a request for expedited
consideration.
“The [temporary restraining order] entered in this case impairs
state defendants’ ability to protect the public health,” Raoul’s
filing says. “Some schools have stopped requiring masks and
other mitigation measures, driven in part by concerns about
legal liability.”
Plaintiffs in the case argue their due process rights to
challenge quarantine orders like requiring masks, being excluded
from school, or vaccinating or testing, are violated by the
mandates.
Illinois Supreme Court rules for an expedited review states the
"court may then enter an order setting forth an expedited
schedule for the disposition of the appeal."
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