The New Jersey Business & Industry Association has filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in support of a recent lower court decision addressing the constitutionality of key aspects of Pennsylvania’s COVID-19 emergency orders.
In its filing, NJBIA argues that, while a state’s chief executive should have broad powers to act to protect public health during an emergency, those powers are not unlimited and must be subject to constitutional limitations.
McCarter attorneys David R. Kott, Samuel A. James, and Ryan M. Savercool authored the brief.