This week, Pacific Legal Foundation filed a lawsuit in Connecticut challenging unconstitutional policies enacted in the wake of the COVID-19 pandemic. Until today, PLF has not filed lawsuits challenging shutdown and other emergency orders. As the country has struggled to flatten the curve of infections, our primary strategy has been challenging new laws enacted under cover of the crisis that create shortages of medical services or impede the innovation and production necessary to rebuild our economy. But as the shutdown orders have continued and been extended, we have seen government officials apply lockdown orders or implement “reopening” plans in unfair and unconstitutional ways. We have filed this case because, even when responding to a pandemic, government must respect constitutional rights and the rule of law. The legal landscape of shutdown challenges Even though many lawsuits filed around the country have challenged lockdown orders, few have been successful. The few suits that have succeeded in ending lockdowns have relied either on separation of powers provisions of state constitutions that limit the authority of governors and public health officials , or shutdown orders that violate activities protected by the Bill of Rights, like freedom of religion. But many more cases involving […]
