David Kott argued in the Third Circuit on behalf on the New Jersey Business and Industry Association in Butler v. Governor of Pennsylvania, which involved constitutional challenges to the COVID-19 Executive Orders issued by Pennsylvania Governor Tom Wolf. Mr. Kott urged the Third Circuit to apply the familiar “scrutiny-based” analytical frameworks to the constitutional claims at issue, rather than a standard that purports to give unfettered discretion to the executive branch when it comes to the business-closure order at issue.
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