The Massachusetts Supreme Judicial Court will soon hear a lawsuit on accelerated consideration brought by the New Civil Liberties Alliance that aims to restore constitutional governance to the Commonwealth. The suit seeks to overturn the Civil Defense State of Emergency, which Gov. Charlie Baker declared under the Commonwealth’s Civil Defense Act, which has never before been invoked for a health emergency. Massachusetts does have a Public Health Act expressly designed to empower local authorities to control and prevent transmission of infectious diseases dangerous to public health.

This case presents foundational due process questions. A hearing, which will take place on September 11, will ask the Supreme Judicial Court to declare that the Civil Defense Act does not confer any authority upon the Governor during a pandemic and to declare his orders null and void. This ruling would permit local boards of health to establish strategies befitting their communities.

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-- Michael DeGrandis, Senior Litigation Counsel, New Civil Liberties Alliance