Dawn Desrosiers, et al. v. Charlie Baker, Governor of Massachusetts
AdministrativeLaw DueProcess FirstAmendment
Can broad-based restrictions on peaceable assemblies held on private property be upheld as valid time-place-manner regulations based on a State's interest in slowing the spread of disease, even though the State exempts political gatherings that trigger health concerns at least as severe?
question presented is: Can broad-based restrictions on peaceable assemblies held on private property be upheld as valid time, place, and manner regulations based on a State’s interest in slowing the spread of disease, even though, based on speech content, the State exempts political gatherings that trigger health concerns at least as severe as the restricted gatherings? Under the Fourteenth Amendment’s Due Process Clause, the Court has required more searching review of government regulation that impinges on basic values that underlie our society, including the right to engage in the common occupations of life. Although the Massachusetts COVID-19 restrictions required many individuals to wholly shutter their businesses for an extended period, the SJC analyzed Petitioners’ due process claims under the lenient standards normally applied to routine business regulations of lesser scope. The second question presented is: ii Did the SJC apply the wrong standard of review when it evaluated Petitioners’ objections to severe restrictions on their personal liberty under a_ lenient, rational-basis standard of review?