Case: Illinois Republican Party v. Pritzker

1:20-cv-03489 | U.S. District Court for the Northern District of Illinois

Filed Date: June 15, 2020

Case Ongoing

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Case Summary

COVID Summary: The Illinois Republican party sued Illinois Governor J.B. Pritzker, 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 GO…

COVID Summary: The Illinois Republican party sued Illinois Governor J.B. Pritzker, 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.

Summary Authors

Jack Hibbard (8/24/2020)

Nicholas Gillan (11/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17251848/parties/illinois-republican-party-v-pritzker/


Judge(s)

Barrett, Amy Coney (Indiana)

Ellis, Sara Lee (Illinois)

Attorney for Plaintiff

Schwab, Jeffrey M (Illinois)

Attorney for Defendant

Dworkin, Hal (Illinois)

Rees, R. Douglas (Illinois)

Documents in the Clearinghouse

Documents in this case

1:20-cv-03489

20-02175

Docket [PACER]

Oct. 19, 2020

Oct. 19, 2020

Docket
1

1:20-cv-03489

Complaint

June 15, 2020

June 15, 2020

Complaint
16

1:20-cv-03489

Opinion and Order

July 2, 2020

July 2, 2020

Order/Opinion

470 F.Supp.3d 813

00713688021

20-02175

1:20-cv-03489

Opinion

U.S. Court of Appeals for the Seventh Circuit

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
31

1:20-cv-03489

The Governor's Amended Unopposed Motion to Stay Proceedings Pending Appeal

Oct. 19, 2020

Oct. 19, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17251848/illinois-republican-party-v-pritzker/

Last updated April 11, 2026, 4:43 a.m.

ECF Number Date Description Link
1 June 15, 2020

COMPLAINT filed by Northwest Side GOP Club, Illinois Republican Party, Schaumburg Township Republican Organization, Will County Republican Central Committee; Filing fee $ 400, receipt number 0752-17110710. (Attachments: # 1 Civil Cover Sheet)(Suhr, Daniel) (Entered: 06/15/2020)

1 Civil Cover Sheet

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RECAP
2 June 15, 2020

Affiliate / Corporate Disclosure Statement by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee (Suhr, Daniel) (Entered: 06/15/2020)

RECAP
3 June 15, 2020

MOTION by Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee for temporary restraining order (Attachments: # 1 Supplement Memorandum of Law, # 2 Declaration Folisi Decl., # 3 Declaration Pearson Decl., # 4 Declaration Podgorski Decl., # 5 Declaration Schneider Decl.)(Suhr, Daniel) (Entered: 06/15/2020)

1 Supplement Memorandum of Law

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2 Declaration Folisi Decl.

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3 Declaration Pearson Decl.

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4 Declaration Podgorski Decl.

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5 Declaration Schneider Decl.

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RECAP
June 16, 2020

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (cp, )

4 June 18, 2020

MOTION by Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee to set a briefing schedule (Suhr, Daniel) (Entered: 06/18/2020)

RECAP
5 June 19, 2020

MINUTE entry before the Honorable Sara L. Ellis: Agreed motion for briefing schedule and hearing on motion for preliminary relief 4 is granted. Defendant's response to Plaintiffs' motion due on or before 6/24/20; Plaintiffs' reply due on or before 6/25/2020. Video hearing on plaintiff's motion for temporary restraining order 3 is set for 6/29/2020 at 10:00 AM. Members of the public and media will be able to call in to listen to the video hearing scheduled for 6/29/2020 at 10:00 a.m. The call-in number is (571)353-2300 the meeting ID is 628244496. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice (rj, ) (Entered: 06/19/2020)

RECAP
6 June 19, 2020

WAIVER OF SERVICE returned executed by Northwest Side GOP Club, Illinois Republican Party, Schaumburg Township Republican Organization, Will County Republican Central Committee. J.B. Pritzker waiver sent on 6/19/2020, answer due 8/18/2020. (Suhr, Daniel) (Entered: 06/19/2020)

RECAP
7 June 19, 2020

ATTORNEY Appearance for Defendant J.B. Pritzker by Jeffrey J Vandam (Vandam, Jeffrey) (Entered: 06/19/2020)

RECAP
8 June 19, 2020

ATTORNEY Appearance for Defendant J.B. Pritzker by Hal Dworkin (Dworkin, Hal) (Entered: 06/19/2020)

RECAP
9 June 22, 2020

ATTORNEY Appearance for Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee by Jeffrey M. Schwab (Schwab, Jeffrey) (Entered: 06/22/2020)

RECAP
10 June 24, 2020

RESPONSE by J.B. Pritzkerin Opposition to MOTION by Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee for temporary restraining order 3 (Attachments: # 1 Exhibit A)(Vandam, Jeffrey) (Entered: 06/24/2020)

1 Exhibit A

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RECAP
11 June 25, 2020

REPLY by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee to response in opposition to motion, 10 (Attachments: # 1 Exhibit Gov.'s Official Schedule for June 8)(Suhr, Daniel) (Entered: 06/25/2020)

1 Exhibit Gov.'s Official Schedule for June 8

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RECAP
12 June 29, 2020

Notice of Supplemental Authority by J.B. Pritzker - Executive Order 2020-43 (Vandam, Jeffrey) (Entered: 06/29/2020)

RECAP
13 June 29, 2020

MOTION by Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee to supplement briefing with an additional authority (Attachments: # 1 Supplement Proposed Notice of Supplemental Authority, # 2 Supplement Proposed Supplemental Authority)(Suhr, Daniel) (Entered: 06/29/2020)

1 Supplement Proposed Notice of Supplemental Authority

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2 Supplement Proposed Supplemental Authority

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RECAP
14 June 29, 2020

MINUTE entry before the Honorable Sara L. Ellis: Video hearing on plaintiff's motion for temporary restraining order 3 held on 6/29/2020. Plaintiff's motion for temporary restraining order 3 is taken under advisement. The Court to issue its ruling via CM/ECF. Motion to file notice ofsupplemental authority 13 is granted. Defendant to file Executive Order #41 on the docket. Mailed notice (rj, ) (Entered: 06/29/2020)

RECAP
15 July 2, 2020

MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiffs' motion for preliminary relief 3 . [Enter Opinion and Order]. For further details see separate order. Mailed notice (rj, ) (Entered: 07/02/2020)

RECAP
16 July 2, 2020

OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 7/2/2020. Mailed notice(rj, )

RECAP
17 July 2, 2020

MOTION by Plaintiffs Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central CommitteeInjunction Pending Appeal requesting Expedited Consideration (Suhr, Daniel) (Entered: 07/02/2020)

RECAP
18 July 2, 2020

MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiffs' expedited motion for injunction pending appeal 17 . The Court finds that the balance of harms and likelihood of success on the merits justify denying Plaintiffs' request to hold an event greater than 50 persons on the Fourth of July. Mailed notice (rj, ) (Entered: 07/02/2020)

RECAP
19 July 2, 2020

NOTICE of appeal by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee regarding orders 15, 16 Filing fee $ 505, receipt number 0752-17170926. Receipt number: n (Attachments: # 1 Supplement Disclosure Statement)(Suhr, Daniel) (Entered: 07/02/2020)

1 Supplement Disclosure Statement

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RECAP
20 July 2, 2020

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal, 19 (mc, ) (Entered: 07/02/2020)

RECAP
21 July 2, 2020

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 19 . Notified counsel (mc, ) (Entered: 07/02/2020)

RECAP
22 July 2, 2020

SEVENTH CIRCUIT transcript information sheet by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee (Suhr, Daniel) (Entered: 07/02/2020)

RECAP
23 July 2, 2020

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, 19 ; USCA Case No. 20-2175 (mc, ) (Entered: 07/02/2020)

RECAP
24 July 6, 2020

ORDER dated 7/3/2020 from the 7th Circuit regarding notice of appeal 19 ; Appellate case no. 20-02175: Accordingly, IT IS ORDERED that the motion is DENIED. (ec,) (Entered: 07/06/2020)

RECAP
25 July 10, 2020

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) (Entered: 07/10/2020)

RECAP
26 Aug. 13, 2020

MOTION by Defendant J.B. Pritzker to stay | The Governor's Unopposed Motion to Stay Proceedings Pending Appeal (Vandam, Jeffrey) (Entered: 08/13/2020)

RECAP
27 Sept. 25, 2020

MANDATE of USCA dated 9/25/2020 regarding notice of appeal, 19 ; USCA No. 20-2175; No record to be returned. (ec, ) (Entered: 09/25/2020)

RECAP
28 Sept. 25, 2020

CERTIFIED COPY OF USCA JUDGMENT dated 9/3/2020 regarding notice of appeal, 19 ; USCA No. 20-2175. The district court's order denying preliminary injunctive relief to the appellants is AFFIRMED. The above is in accordance with the decision of this court entered on this date. (ec, ) Modified on 9/28/2020 (ec, ). (Entered: 09/25/2020)

RECAP
29 Sept. 25, 2020

CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 8/11/2020; Decided 9/3/2020 in USCA case no. 20-2175. (ec, ) (Entered: 09/25/2020)

RECAP
30 Sept. 28, 2020

NOTICE of Correction regarding USCA judgment, 28 (ec, ) (Entered: 09/28/2020)

RECAP
31 Oct. 19, 2020

MOTION by Defendant J.B. Pritzker to stay | The Governor's Amended Unopposed Motion to Stay Proceedings Pending Appeal (Vandam, Jeffrey) (Entered: 10/19/2020)

RECAP
32 March 30, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court grants the Governor's amended unopposed motion to stay proceedings pending appeal 31 . The Court stays the deadline to respond to Plaintiffs' complaint and all other proceedings in this Court until 30 days after the Supreme Court rules on Plaintiffs' petition for certiorari or, if the petition is granted, 30 days after the Supreme Court issues a decision on the merits. The Court denies the Governor's unopposed motion to stay proceedings pending appeal 26 as moot. The Court orders the parties to file a status report by 4/16/2021. Mailed notice (rj, ) (Entered: 03/30/2021)

RECAP
33 April 13, 2021

STATUS Report by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committee (Suhr, Daniel) (Entered: 04/13/2021)

RECAP
34 May 12, 2021

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant J.B. Pritzker (Vandam, Jeffrey) (Entered: 05/12/2021)

RECAP
35 May 12, 2021

MEMORANDUM by J.B. Pritzker in support of Motion to Dismiss for Failure to State a Claim 34 (Attachments: # 1 Exhibit A (EO2021-09))(Vandam, Jeffrey) (Entered: 05/12/2021)

RECAP
36 May 26, 2021

RESPONSE by Illinois Republican Party, Northwest Side GOP Club, Schaumburg Township Republican Organization, Will County Republican Central Committeein Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant J.B. Pritzker 34 (Suhr, Daniel) (Entered: 05/26/2021)

RECAP
37 June 2, 2021

REPLY by J.B. Pritzker to response in opposition to motion, 36, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant J.B. Pritzker 34 (Attachments: # 1 Exhibit 1 (EO2021-10))(Vandam, Jeffrey) (Entered: 06/02/2021)

RECAP
38 June 4, 2021

MINUTE entry before the Honorable Sara L. Ellis: Telephone Conference set for 9/9/2021 at 9:30 AM for ruling on motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 06/04/2021)

RECAP
39 Sept. 7, 2021

OPINION and Order; Civil case terminated. Signed by the Honorable Sara L. Ellis on 9/7/2021. Mailed notice(air, ) (Entered: 09/08/2021)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Illinois GOP, Will County Republican Central Committee, Schaumberg Township Republican Organization, Northwest Side GOP Club

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Illinois Governor J.B. Pritzker

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Illinois 1:20-cv-03489

Northern District of Illinois 20-02175

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Recommended Citation