J. P. Bryan, et al. v. Eleazar R. Cano, County Judge
AdministrativeLaw SocialSecurity DueProcess Privacy
Is the rational-basis-test used to ratify COVID-19-orders closing a hotel overly-deferential?
QUESTION(S) PRESENTED 1. Is the rational basis test used by the Panel to ratify respondent’s COVID-19 orders closing petitioners’ hotel and removing its guests overly deferential, abrogating the Judiciary’s role in protecting citizens’ rights in a public health emergency by failing to provide them witha remedy for the constitutional injury they sustained? 2. Should the rational basis test be a blunt instrument which ratifies every government action, however unjust or unfounded, or should it be an active, probing investigation into the actual realities of the subject addressed by the regulation, regardless of the government’s proffered reasons?