NJBIA Files Amicus Brief Concerning Constitutionality of Pennsylvania’s Business Closure Order.
The New Jersey Business & Industry Association has filed an amicus brief in the U. S. Court of Appeals for the Third Circuit in support of a recent lower court decision addressing the constitutionality of key aspects of Pennsylvania’s COVID-19 emergency orders.
In its filing, NJBIA argues that, while a state’s chief executive should have broad powers to act to protect public health during an emergency, those powers are not unlimited and must be subject to constitutional limitations.
The district court’s decision, along with similar challenges levied to business shutdown orders nationwide, implicates a 115-year-old Supreme Court decision (Jacobson v. Massachusetts) that some state governments have argued grants nearly unbridled discretion to a state’s executive in responding to a public health emergency.
NJBIA’s amicus brief, filed by David R. Kott, Samuel A. James and Ryan Savercool of McCarter & English LLP, can be found here.