There is mounting litigation against state lockdown orders, in some cases based on constitutional violations, in other situations based on claims the state officials lacked or exceeded statutory or regulatory authority.

In a religious liberty case in Mississippi, the U.S. Department of Justice filed a Statement of Interest in support of a lawsuit challenging restrictions on drive-in religious services that were not applied to secular gatherings at liquor stores and fast food restaurants. The case settled with the City of Greenville treating religious gathering the same as other gatherings. A similar case in Kentucky ended up with an injunction granted the church.

DOJ also filed a Statement of Interest supporting a Virginia church.

Now DOJ has filed a Statement of Interest in an Illinois case challenging more general restrictions imposed by Governor J.B. Pritzker. The DOJ position is that the Governor’s last minute removal of the case from state to federal court, on the eve of a decision in state court, was improper.

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