emergency-powers

14 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6597 Steven Matthew Boas v. Jason Graves, et al. Fourth Circuit 2025-02-20 Denied IFP civil-liberties constitutional-rights emergency-powers fourth-amendment law-enforcement probable-cause Whether probable cause exists during a stay at home order when an officer observes a person exiting a grocery store and video records police activity,…
24-642 Lamel Jeffery, et al. v. City of New York, New York, et al. Second Circuit 2024-12-12 Denied Response Waived constitutional-scrutiny curfew-restrictions due-process emergency-powers fundamental-rights judicial-notice Whether the constitutionality of a mass curfew can be determined at the pleading stage without record evidence based solely on a government emergency …
24-383 For Our Rights, Inc., et al. v. David Y. Ige Ninth Circuit 2024-10-04 Denied Response Waived 42-U.S.C.-§-1983 constitutional-rights due-process emergency-powers qualified-immunity state-law-restrictions Does a state governor enjoy qualified immunity when imposing COVID-19 lockdowns and quarantines that allegedly violate citizens' clearly established c…
23-89 Jennifer Reinoehl v. Gretchen Whitmer, Governor of Michigan, et al. Sixth Circuit 2023-07-31 Denied Response Waived americans-with-disabilities-act civil-rights covid-19 covid-emergency-powers due-process emergency-powers federal-civil-procedure individual-capacity-suit mootness mootness-doctrine standing state-official-immunity Whether a case involving COVID-19 emergency powers is moot
22-7104 Sanfa Swaray Conteh v. Department of Commerce Federal Circuit 2023-03-24 Denied Response WaivedRelisted (2)IFP civil-rights due-process emergency-powers executive-orders public-health takings Whether the Shotdowns Period that happened from March 2020 to April 2020 due to the COVID-19 pandemic violated the petitioner's constitutional rights
22-586 Kimberly Beemer, et al. v. Gretchen Whitmer, Governor of Michigan, et al. Sixth Circuit 2022-12-27 Denied Response Waived civil-rights constitutional-challenge covid-19-restrictions due-process emergency-powers free-speech fundamental-rights judicial-review mootness standing voluntary-cessation Is this constitutional challenge to the Michigan Governor's emergency restrictions that directly infringed fundamental rights moot when the restrictio…
22-493 Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al. Sixth Circuit 2022-11-23 Denied Response Waived constitutional-law due-process emergency-powers eminent-domain fifth-amendment government-action necessity police-power property-rights regulatory-takings takings takings-clause Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity …
22-438 Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. Eighth Circuit 2022-11-10 Denied Amici (1)Response Waived 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims
22-250 Matthew Brach, et al. v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2022-09-16 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) article-iii article-three case-or-controversy civil-rights due-process emergency-powers executive-action mootness pandemic-restrictions standing Is a case moot under Article III's case or controversy requirement when the governor rescinds the offending policy after it is challenged in court, bu…
21-1469 Samuel Armstrong v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2022-05-23 Denied Response Waived 14th-amendment due-process emergency-powers executive-order fourteenth-amendment jacobson-v-massachusetts judicial-review public-health roman-cath-diocese-v-cuomo Did Governor Newsom's Executive Order N-33-20 violate the Due Process Clause?
21-849 Slidewaters LLC v. Washington Department of Labor and Industries, et al. Ninth Circuit 2021-12-08 Denied Response Waived emergency-powers executive-authority legislative-authority legislative-delegation nondelegation-doctrine police-power separation-of-powers state-governance state-of-emergency Does a state legislature's delegation of unlimited and inherently legislative police power to a state executive violate the separation-of-powers, even…
21-6438 David Lee Smith v. North Carolina North Carolina 2021-11-30 Denied IFP civil-rights constitutional-rights due-process emergency-powers executive-order habitual-offenders incarceration pandemic-response public-health sentencing Is a class of convicted habitual felons that have completed their lawful maximum sentences entitled to immediate and unconditional release in order to…
21-455 Mark's Engine Company No. 28 Restaurant, LLC v. Superior Court of California, Los Angeles County, et al. California 2021-09-24 Denied civil-rights constitutional-review due-process emergency-powers first-amendment jacobson-precedent jacobson-v-massachusetts meaningful-review narrow-tailoring public-health public-health-crisis Whether the appellate court's decision improperly expands the holding set forth in Jacobson v. Massachusetts
19-1283 James Tolle v. Ralph Northam, Governor of Virginia, et al. Fourth Circuit 2020-05-12 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights due-process emergency-powers executive-order executive-powers liberty-deprivation liberty-rights property-rights public-health quarantine quarantine-restrictions standing Can the Governor legally deprive citizens of liberty and property rights and circumvent the statutory protections for quarantined individuals?