Kankakee Times

Court documents reveal that Clay County Circuit Court Judge Michael McHaney took issue with more than one of Gov. J.B. Pritzker’s assertions when he recently ruled that Pritzker’s emergency powers could not extend past 30 days under the state constitution.

The suit that was decided in Clay County was brought by state Rep. Darren Bailey (R-Xenia), who asserted that Pritzker had exceeded the constitutional powers of his office in maintaining a state of emergency for more than 30 days without involving the state legislature.

According to court documents posted on Illinois Leaks, the ability to maintain emergency powers was not the only claim made, as a claim from Illinois Attorney General Kwame Raoul earned a strong rebuke from McHaney. In a transcript of the proceedings, McHaney said that he met with “chagrin” the assertion by Raoul that, “due process is, and I quote, flexible depending on the circumstances, end quote.”

McHaney said that he did not consider due process to be a right to which there is any kind of flexibility, and that the idea of it being flexible would be suited to a “banana republic,” but not to the U.S.

“Due process is the birthright of every American citizen,” McHaney said. “It is bedrock and hell will freeze before this court ever rules that due process is flexible."

McHaney also questioned the assertion from Pritzker’s administration that all of his decisions were backed by “data, research and experts.”

McHaney questioned the lack of specificity in regard to the basis for Pritzker’s decisions. 

“What data? What research? Which experts? How and by whom was this data and research generated?” he questioned.

McHaney said the administration failed to make its case publicly, where the voters could evaluate it.

“There is no transparency, only the pronouncement of the defendant who chooses the data, research and expert that fit his agenda,” McHaney said.