Gov. Pritzker Fighting To In Court To Keep His Stay-At-Home Order Extension

CHICAGO (CBS)-- Governor JB Pritzker has filed an appeal of a downstate judge's ruling exempting a Republican state lawmaker from the governor's extended stay-at-home order.

State Rep. Darren Bailey (R-Xenia) claimed in a lawsuit filed last week that Pritzker has exceeded his authority and is violating the civil rights of the state's residents by extending the stay-at-home order for an additional 30 days, through May 30.

Clay County Circuit Court Judge Michael McHaney on Monday granted representative Bailey a temporary restraining order, barring the governor from enforcing the stay-at-home order on the lawmaker, meaning Bailey won't have to comply with the extension once it begins on Friday.

The judge said the governor's extension, "shredded the constitution." Representative Bailey agrees, calling the extension an overreach of Pritzker's power as governor. While Bailey is the only person exempted from the stay-at-home order, the judge's ruling opens the door for others in Illinois to join his lawsuit, or file their own.

Pritzker isn't wasting any time appealing the ruling. Illinois Attorney General Kwame Raoul filed a notice of appeal with the Illinois Appellate Court on Monday night, asking the court to reverse McHaney's ruling, and dissolve the temporary restraining order.

The governor has said Bailey's lawsuit puts people in Illinois at risk, and he has vowed to "fight this legal battle to the furthest extent possible."