Even as he appeals a southern Illinois’ judge ruling that put a dent in his stay at home order, Illinois Gov. JB Pritzker will soon face a new legal action, from another state legislator, challenging his authority to keep Illinois largely closed for business amid the COVID-19 pandemic.

“At first, I believed he (Pritzker) was trying to do the right thing, and was doing well,” said Cabello. “But now, it seems to me he is progressively acting more and more like a dictator.”

On April 28, State Rep. John Cabello (R-Machesney Park) announced his intent to sue Pritzker, arguing the governor has overstepped his legal power in extending his statewide stay at home order in response to the infectious disease outbreak.

“At first, I believed he (Pritzker) was trying to do the right thing, and was doing well,” said Cabello. “But now, it seems to me he is progressively acting more and more like a dictator.”

Cabello said his lawsuit would largely echo the claims laid out in the lawsuit filed last week by State Rep. Darren Bailey (R-Xenia). In that action, Bailey asserted Pritzker did not have the authority under the Illinois Emergency Management Act to declare an emergency and assert sweeping emergency powers over the state and its economy for more than 30 days. Beyond 30 days, Bailey argued, the governor needs to secure the approval of the Illinois General Assembly. The General Assembly has not convened at all, nor shown any intention of doing so, since Pritzker declared a statewide emergency in March.

The governor, however, has asserted the law gives him the authority to declare emergencies for “30 days at a time,” until he decides the emergency has ended.

Pritzker announced late last week his intention to extend the stay at home order, which had been scheduled to expire on April 30, to the end of May. Bailey’s lawsuit swiftly followed, asserting Pritzker’s declaration was illegal.

On Monday, Clay County Circuit Judge Michael McHaney, in far southeastern Illinois, granted Bailey’s request for a temporary restraining order, blocking the governor from imposing a new stay at home order. However, since Bailey’s lawsuit listed only himself as a plaintiff, the order applies only to him at this time.

Pritzker vowed a swift appeal. On Monday evening, Illinois Attorney General Kwame Raoul filed a notice to appeal McHaney’s decision to the Illinois Fifth District Appellate Court in Mt. Vernon.

Cabello acknowledged Bailey’s victory, but said his lawsuit, by contrast, would ask a judge to issue a similar restraining order, and this time apply it to everyone in the state.