A brief written by CCL told the Illinois Appellate Court that the Attorney General's invited brief, which denies immunity to a nursing home defendant in six cases where it did not undertake any special efforts to render assistance to the State, provides an authoritative rendering of the Governor's intent when he issued an executive order responding to the COVID-19 health crisis.

     In responding to the brief, the nursing home claimed that the Attorney General had improperly taken sides and that his interpretation misread the order's plain language. The CCL brief countered that reading, explaining that it not only made sense, but reflected the obvious and clearly expressed intent behind the order. Any other interpretation, CCL argued, raised profound constitutional separation of powers issues that should be avoided.

     The court is expected to issue its decision on whether the nursing home is entitled to immunity without further hearing.