Federal Judge Dismisses Lawsuit Challenging Gov. Hogan's Stay-at-Home Order

By Staff Reporter
Posted on 11/18/20 | News Source: WBAL

A federal judge on Wednesday dismissed a lawsuit filed in May that alleged Gov. Larry Hogan's stay-at-home order, issued during the first wave of the coronavirus, was unconstitutional.

The plaintiffs, who included Republican Dels. Dan Cox, Neil Parrott and Warren Miller, alleged the governor's orders violated the First, Fifth and Fourteenth amendments, the constitutional guarantee of a republican form of government and the Commerce Clause, in addition to rights protected by the state constitution.

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"Reasonable people, including informed government and public health officials, may debate whether the Governor’s orders at any moment go too far, or not far enough, in protecting the public from this deadly pandemic," U.S. District Judge Catherine Blake wrote. "But, based on the allegations in the plaintiffs’ amended complaint, the court cannot conclude that Governor Hogan’s measures are arbitrary or unreasonable, or that they plainly violate any of the plaintiffs’ constitutional rights."

Read the full ruling.

In May, Blake denied the plaintiffs a preliminary injunction.

"We appreciate Judge Blake recognizing that the governor's orders are reasonable and constitutional," Hogan spokesman Michael Ricci said. "He will continue to take whatever action is necessary to save lives and protect public health." Read more at WBAL