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 | 1. Whether probable cause exists during a stay at home order, when an officer sees someone exiting a grocery store and instead of walking directly hom… |
| 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 | The freedom of movement is "a necessary concomitant of the stronger Union the Constitution created." U.S. v. Guest, 383 U.S. 745, 758 (1966). It is "a… |
| 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 | In 2020, it was clearly established that Americans had constitutional rights to liberty, to work, and to travel, among others. Moreover, it was clearl… |
| 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, even though the same emergency powers can be reinstated at any time for COVID-19 or any ot… |
| 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 | IS THE SHUTDOWIN! PERIOD THAT HAPPENED FROM DECEMBER 22, 2OI8 TO JANUARY 25, 2O19, A PAID LEAVE OR REGTHLAR WORK PAID FOR FEDERAL EM |
| 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 | 1. Is this constitutional challenge to the Michigan Governor's emergency restrictions that directly infringed fundamental rights moot when the restric… |
| 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 | 1. Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims for ordering the shut-down of their … |
| 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, mandating that Californians "stay home" to prevent the spread of COVID-19, violate the rights of petiti… |
| 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 UNCONDITIONAL RELEASES 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 | 1. Whether the appellate court's decision improperly expands the holding set forth in Jacobson v. Massachusetts , 197 U.S. 11 (1905), and its progen… | |
| 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 | 1. Defendant Northam's Executive Order 55 (2020) institutes quarantine restrictions on all Virginians without invoking Va. Code § 32.1-48.08 and with… |