The team of David R. Kott, Samuel A. James, and Ryan M. Savercool authored an amicus brief on behalf of the New Jersey Business and Industry Association to the United States Court of Appeals for the Third Circuit in a case arising from constitutional challenges to the Covid-19 Executive Orders issued by Pennsylvania Governor Tom Wolf. McCarter & English 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.
1.12.2021