Massachusetts High Court Upholds Baker's Sweeping Coronavirus Emergency Orders
BOSTON (CBS/AP) — Massachusetts Gov. Charlie Baker did not overstep his authority when he issued sweeping orders to close businesses and limit gatherings to control the spread of the coronavirus, the state's highest court said in a ruling released Thursday.
The Supreme Judicial Court rejected a challenge brought on a behalf of a group including salon owners, pastors and the headmaster of a private school, who accused the Republican governor of exercising "legislative police power" by declaring a state of emergency under the state's Civil Defense Act.
The group argued that the governor had no authority to issue public health-related orders under the Cold War-era law it says was designed to protect the state from foreign invasions, insurrections, and catastrophic events like hurricanes and fires.
Massachusetts Attorney General Maura Healey's office called the group's argument "profoundly misguided," saying the pandemic that has killed nearly 11,000 people in the state is "precisely the kind of civil defense emergency" that merits action by the governor under the law.
The governor declared a state of emergency on March 10, giving him greater power to take actions like shutting down events with large gatherings of people or gaining access to buildings or stockpiling protective gear. He has issued a slew of emergency orders prohibiting gatherings of a certain size, closing certain businesses and mandating masks aimed at slowing the spread of the disease in the hard-hit state.
This week Baker rolled back the reopening process for the state to Phase 3, Step 1 as coronavirus cases surge. Starting Sunday, the state will close certain businesses including indoor performance and high contact indoor recreational facilities. Capacity at most indoor businesses will be reduced to 40%, and restaurant table size will be capped at six people.
The governor said Monday that "every option is on the table" for further restrictions as cases numbers and deaths continue to grow.
The lawsuit filed in June by the Washington-D.C. based group New Civil Liberties Alliance said the coronavirus clearly falls under another state law, which it said puts local health boards instead of the governor primarily in charge of public health emergencies.
"Fear of a deadly virus is not a reason to abandon constitutional governance," Michael DeGrandis, senior litigation counsel for the New Civil Liberties Alliance, said in June.
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
