COVID Summary: The Illinois Republican party sued Illinois Governor J.B. Pritzger, alleging that his executive order prohibiting gatherings over ten people did not make constitutionally-required exceptions for political activity.

This suit was brought on June 15, 2020 in the U.S. District Court for the Northern District of Illinois. Plaintiffs were the the Illinois Republican Party, the Will County Republican Central Committee, Schaumberg Township Republican Organization, and Northwest Side GOP Club. Represented by the Liberty Justice Center. They brought suit against Illinois Governor J.B. Pritzker after he issued an executive order that banned most gatherings of over ten people in response to the COVID-19 outbreak. While the order provided for some exceptions (like religious meetings), it did not grant those same exceptions to political activity. The plaintiffs argued that the order violated the First and Fourteenth Amendments of the U.S. Constitution. They claimed that the state's enforcement of this order against them and refusal to enforce that policy against churches represented violations of free speech contrary to the First Amendment. They also argued that the order violated the Fourteenth Amendment's Equal Protection clause for the same reason. Finally, the plaintiffs argued that the state's executive order was without legal authority -- they claimed that the Governor's emergency power was capped at thirty days. After that, he was powerless to issue these orders under the Illinois Emergency Management Agency Act. The plaintiffs sought declaratory and injunctive relief prohibiting the state from enforcing the executive order against them specifically, and declaratory and injunctive relief that would prohibit the state from enforcing the order in general. They also sought costs and attorney's fees. Simultaneously, they filed a motion requesting a temporary restraining order and preliminary injunction.

The case was assigned to District Judge Sara L. Ellis and referred to Magistrate Judge Jeffrey T. Gilbert.

On July 2, the court issued an order an opinion declining to grant the plaintiffs' motion for a TRO and preliminary injunction. Judge Ellis held that the plaintiffs were unlikely to succeed on the merits and that the balance of harms weighed heavily against them. 2020 WL 3604106.

The plaintiffs immediately appealed the decision to the 7th Circuit Court of Appeals. A month later, the defendant filed a motion to stay all proceedings in the district court until an opinion was rendered from the 7th Circuit.

On September 3, 2020, the 7th Circuit upheld the district court's denial of a TRO and preliminary injunction.

Jack Hibbard - 08/24/2020
Nicholas Gillan - 11/12/2020


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