Clay County Judge Michael McHaney said Pritzker’s emergency powers stemming from the COVID-19 outbreak lapsed on April 8, and any executive orders relating to COVID-19 finding their authority under those emergency powers are void.

Illinois Gov. J.B. Pritzker for the fourth time extended by 30 days his emergency powers to respond to the COVID-19 pandemic. Businesses and lawmakers are amending lawsuits in response.

Amid a recent series of lawsuits, the 2001 informal opinion by the Illinois Attorney General’s office concludes the emergency powers granted a governor during a disaster cannot be extended beyond 30 days without legislative approval.

The judge said Pritzker’s executive orders “shredded the constitution,” highlighting the need for the Illinois General Assembly to play a role in responding to the COVID-19 pandemic.

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