BY JEFFREY MONTELEONE AND PETER FRIEDMAN
Two notable court decisions decided recently upheld the constitutionality and enforceability of Governor Pritzker’s executive action to address the COVID-19 pandemic. On July 31, a Will County Circuit Judge denied a temporary restraining order finding that the Illinois Emergency Management Act, 20 ILCS 3305/1 et seq. (“IEMA”) granted the Governor the authority to place a moratorium on residential evictions. The following day, the Federal District Court for the Northern District of Illinois issued a similar opinion denying a temporary restraining order sought by the Village of Orland Park. Both courts found that to the extent that Plaintiffs could demonstrate an irreparable injury, the balance of harms to the public health, safety, and welfare weighed in favor of upholding the Governor’s executive orders.