Boston Herald

SJC backs Baker’s pandemic powers

Says governor did not overstep his bounds

- By erin Tiernan

Gov. Charlie Baker has the right to issue lockdown and reopening orders during the pandemic, the state’s highest court ruled in a decision opponents say goes against recent trends by other courts to hold governors accountabl­e for “unconstrai­ned assaults on civil liberties.”

In rejecting a challenge to the governor’s authority brought on behalf of a group of local business owners and pastors, the Supreme Judicial Court ruled Thursday that Baker has the authority to enact sweeping emergency orders, saying they “do not violate the plaintiffs’ federal or state constituti­onal rights.”

“The emergency orders as a whole were informed by public health recommenda­tions and serve the State interest of slowing the spread of COVID-19, which is a legitimate State interest,” Supreme Judicial Court justices wrote in their 41-page decision.

Justices said their decision does not give blanket permission for a reliance on executive orders to manage future health emergencie­s.

“We’ve tried pretty hard to be balanced and as reasonable and as fair as we could be in this very difficult time and this very difficult circumstan­ce and I appreciate the SJC’s decision with respect to those issues,” Baker said in a statement.

Representa­tives from the Washington, D.C.-based New Civil Liberties Alliance following the ruling said they are exploring an appeal to the nation’s highest court.

“The Massachuse­tts Supreme Judicial Court bucked a growing trend by state and federal courts — including the U.S. Supreme Court — that was holding governors accountabl­e for their unconstrai­ned assaults on civil liberties and structural constituti­onal protection­s … that exist in state constituti­ons,” said senior litigator Michael DeGrandis, who argued the case before the SJC.

A June lawsuit filed by NCLA and Hubbardsto­n hairstylis­t Dawn Desrosiers argued Baker oversteppe­d his authority in invoking the wide-ranging Cold War-era Civil Defense Act as the basis for sweeping COVID-19 orders shuttering businesses and schools, dictating how reopenings were done and requiring face coverings, accusing the governor of the “exercise of police power.”

“Massachuse­tts has now shepherded the liberty-loving principles of the American Revolution from cradle to grave,” DeGrandis said. “There’s absolutely no reason why the Legislatur­e hasn’t been brought into the fold to enact whatever laws the Legislatur­e needs to protect the public health,” DeGrandis continued.

The NCLA sought to invalidate dozens of executive orders Baker issued amid the ongoing public health emergency, arguing it is the job of the Legislatur­e — not the executive branch — to issue directives. As of Thursday, Baker has issued 57 pandemic executive orders since declaring a state of emergency on March 10.

Plaintiffs argued that local boards of health should have taken the lead on COVID-19 response under the Public Health Act rather than Baker declaring the state of emergency under the Civil Defense Act. Justices disagreed, saying the pandemic clearly falls into the “other natural causes” category in the Civil Defense Act.

View the ruling online at: https://bit.ly/374dR2a.

 ?? NICOLAuS CzARnECkI / HERALD STAFF ?? A SHOW OF SUPPORT: Gov. Charlie Baker, seen at the 37th annual menorah lighting on the Common on Thursday. The state’s Supreme Judicial Court ruled Thursday that the governor had not exceeded his powers by the use of strict lockdown rules during a pandemic.
NICOLAuS CzARnECkI / HERALD STAFF A SHOW OF SUPPORT: Gov. Charlie Baker, seen at the 37th annual menorah lighting on the Common on Thursday. The state’s Supreme Judicial Court ruled Thursday that the governor had not exceeded his powers by the use of strict lockdown rules during a pandemic.

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