SJC: DAWN DESROSIERS v. GOVERNOR

KeywordsGovernor. Civil Defense. Public Health. Constitutional Law, Governor, Separation of powers, Right to assemble. Due Process of Law. Statute, Construction. Words, “Other natural causes

DOWNLOAD – SJC Decision

The SJC upheld the Governor’s authority under public health statutes to issue state of emergency and orders.  Assistant Attorney General Margaret Hurley stated:  “A huge congratulations to my colleagues in the Attorney General’s Office who worked very hard on this case (and many other similar cases)!”     [Excerpt] – “We conclude that the CDA provides authority for the Governor’s March 10, 2020, declaration of a state of emergency in response to the COVID-19 pandemic and for the issuance of the subsequent emergency orders; the emergency orders do not violate art. 30 of the Massachusetts Declaration of Rights; and the emergency orders do not violate the plaintiffs’ Federal or State constitutional rights to procedural and substantive due process or free assembly.”

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