No. 22-843

J. P. Bryan, et al. v. Eleazar R. Cano, County Judge

Lower Court: Fifth Circuit
Docketed: 2023-03-06
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights constitutional-injury due-process government-action judicial-review public-health public-health-emergency rational-basis-test standing takings
Latest Conference: 2023-04-14
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Is the rational-basis-test used to ratify COVID-19-orders closing a hotel overly-deferential?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-16
Waiver of right of respondent Eleazar Cano, County Judge to respond filed.
2023-02-28
Petition for a writ of certiorari filed. (Response due April 5, 2023)

Attorneys

Bryan, et al.
Dennis P. Derrick — Petitioner
Eleazar Cano, County Judge
Jason Eric MageeAllison, Bass & Associates, L.L.P., Respondent