No. 20-1569

Dawn Desrosiers, et al. v. Charlie Baker, Governor of Massachusetts

Lower Court: Massachusetts
Docketed: 2021-05-12
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: content-neutral covid-restrictions due-process first-amendment peaceable-assembly rational-basis time-place-manner
Key Terms:
AdministrativeLaw DueProcess FirstAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-06-11
Brief amicus curiae of Liberty Justice Center filed.
2021-06-11
Brief amicus curiae of Ilya Feoktistov filed.
2021-06-10
Waiver of right of respondent Charles Baker to respond filed.
2021-05-10
Petition for a writ of certiorari filed. (Response due June 11, 2021)

Attorneys

Charles Baker
Douglas S. MartlandCommonwealth of Massachusetts, et. al, Respondent
Dawn Desrosiers, et al.
Harriet M. HagemanNew Civil Liberties Alliance, Petitioner
Ilya Feoktistov
Paul Douglas KamenarLaw Office Paul D. Kamenar, Amicus
Liberty Justice Center
Daniel Robert SuhrLiberty Justice Center, Amicus