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
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Privacy
Latest Conference: 2023-04-14
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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?

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