State Representative Darren Bailey’s lawsuit to get the Governor’s Stay at Home Mandates ruled unconstitutional has been moved to federal court.
Illinois Attorney General Kwame Raoul’s office said in the filing the lawsuit belongs in federal court because it involves U.S. Constitutional Rights of free religion and due process. He says the law allows a defendant to move a case involving constitutional rights to federal court.
Bailey’s attorney Tom DeVore issued a statement calling the attorney general’s actions forum shopping and that the ‘contrived’ constitutional issues were not raised in the lawsuit.
Judge Michael McHaney had indicated he planned to reach a decision on the case in Clay County Court during a scheduled hearing on Friday afternoon.
Bailey’s attorney has responded by making an emergency request to federal court to send the case back to Clay County Circuit Court.
McHaney earlier granted Bailey an injunction allowing him not to follow the mandate, but Bailey was hoping to expand the impact of the ruling in the new case to cover everyone.
Bailey, who was removed from the house on Wednesday for refusing to wear a mask, was back in Springfield on Thursday with a mask on.
Photo: Illinois Attorney General Kwame Raoul.