Casey v. Lamont

CourtSupreme Court of Connecticut
DecidedMarch 29, 2021
DocketSC20494
StatusPublished

This text of Casey v. Lamont (Casey v. Lamont) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casey v. Lamont, (Colo. 2021).

Opinion

**************************************************************** The ‘‘officially released’’ date that appears near the beginning of this opinion is the date the opinion was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. This opinion is subject to revisions and editorial changes, not of a substantive nature, and corrections of a technical nature prior to publication in the Connecticut Law Journal. **************************************************************** KRISTINE CASEY ET AL. v. GOVERNOR NED LAMONT (SC 20494) Robinson, C. J., and McDonald, D’Auria, Mullins, Kahn, Ecker and Keller, Js. Argued December 11, 2020—officially released March 29, 2021*

Procedural History

Action to enjoin the defendant from enforcing certain executive orders, and for other relief, brought to the Superior Court in the judicial district of New Haven and transferred to the judicial district of Waterbury, Complex Litigation Docket, where the case was tried to the court, Bellis, J.; judgment denying the plaintiffs’ request for injunctive and declaratory relief, and the plaintiff, upon certification by the Chief Justice pursu- ant to General Statutes § 52-265a that a matter of sub- stantial public interest was at issue, appealed to this court. Affirmed. Jonathan J. Klein, for the appellants (plaintiffs). Philip Miller, assistant attorney general, with whom, on the brief, were William Tong, attorney general, Clare E. Kindall, solicitor general, and Alma Rose Nunley, assistant attorney general, for the appellee (defendant). Opinion

McDONALD, J. For more than one year now, the world has been in the unyielding grip of a highly virulent infectious disease that, to date, has infected approxi- mately 127 million people worldwide and has killed more than 2.7 million individuals. Of those deaths, about 20 percent, or approximately 549,000, have been in the United States of America. In Connecticut alone, more than 305,000 people have been infected and more than 7800 have died.1 These numbers, while jarring on their own, tell but one part of the enormous toll inflicted on society since the pandemic’s onset. Around the coun- try—indeed the world—large segments of economic activity have been severely disrupted, if not fallen into collapse, millions of people have lost their employment, many hospitals and other health-care operations have been overrun by gravely ill and dying patients, and extraordinary lockdowns ordered by government offi- cials, in an effort to abate the rate of infection, have limited the free flow of personal and commercial activ- ity. As this opinion is issued, it is uncertain when, or how, the pandemic will end. The disease that has caused so much death and dam- age is known as COVID-19. It is a respiratory disease caused by a virus that is transmitted easily from person to person and can result in serious illness or death. According to the Centers for Disease Control and Pre- vention (CDC), the virus is primarily spread through respiratory droplets from infected individuals coughing, sneezing, or talking while in close proximity to other people. Centers for Disease Control & Prevention, How COVID-19 Spreads (last updated October 28, 2020), available at https://www.cdc.gov/coronavirus/2019-ncov/ prevent-getting-sick/how-covid-spreads.html (last vis- ited March 29, 2021). On January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency, effective January 27, 2020, on the basis of the rising number of confirmed COVID-19 cases in the United States. United States Department of Health & Human Services, Press Release, Secretary Azar Declares Public Health Emer- gency for United States for 2019 Novel Coronavirus (January 31, 2020), available at https://www.hhs.gov/ about/news/2020/01/31/secretary-azar-declares-public- health-emergency-us-2019-novel-coronavirus.html (last visited March 29, 2021). The CDC explained that COVID- 19 ‘‘represents a tremendous public health threat.’’ Cen- ters for Disease Control & Prevention, Press Release, Update on COVID-19 (February 21, 2020), available at https://www.cdc.gov/media/releases/2020/t0221-cdc- telebriefing-covid-19.html (last visited March 29, 2021). With this context in mind, we turn to the matter before us, which requires this court to consider the extent of the governor’s authority to issue executive orders during the civil preparedness emergency he declared pursuant to General Statutes § 28-9 in response to the COVID-19 pandemic. In particular, we consider whether the defendant, Governor Ned Lamont, lawfully issued certain executive orders that limited various commercial activities at bars and restaurants throughout the state. To that end, we must determine whether the COVID-19 pandemic constitutes a ‘‘serious disaster’’ pursuant to § 28-9 and whether that statute empowers the governor to issue the challenged execu- tive orders. Because we conclude that § 28-9 provides authority for the governor to issue the challenged exec- utive orders, we also consider whether § 28-9 is an unconstitutional delegation of legislative authority to the governor in violation of the separation of powers provision of the Connecticut constitution. See Conn. Const., art. II. We conclude that the statute passes con- stitutional muster. The pleadings and the record reveal the following undisputed facts and procedural history. On March 10, 2020, ‘‘[i]n response to the global pandemic of [COVID- 19],’’ Governor Lamont ‘‘declare[d] a public health emergency and civil preparedness emergency through- out the [s]tate, pursuant to [General Statutes §§] 19a- 131a and 28-9 . . . .’’ Governor Lamont has renewed the declaration of both emergencies twice, most recently on January 26, 2021. The emergencies currently remain in effect until April 20, 2021. On March 13, 2020, three days after Governor Lamont’s declaration, Presi- dent Donald J. Trump made ‘‘an emergency determina- tion under [§] 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. [§§] 5121–[207] [Stafford Act].’’ Letter from President Don- ald J. Trump to Acting Secretary of the Department of Homeland Security Chad F. Wolf (March 13, 2020) p. 1. On March 28, 2020, President Trump determined that, beginning on January 20, 2020, the impacts of the COVID-19 pandemic on Connecticut ‘‘are of sufficient severity and magnitude to warrant a major disaster declaration under the [Stafford Act] . . . .’’ Federal Emergency Management Agency, Connecticut, Major Disaster and Related Determinations, 85 Fed. Reg. 31,542 (May 26, 2020). Following Governor Lamont’s declaration of the pub- lic health and civil preparedness emergencies, he prom- ulgated a series of executive orders in an attempt to contain and mitigate the spread of COVID-19. Relevant to this appeal, on March 16, 2020, he issued Executive Order No. 7D, which provides, among other things, that ‘‘any location licensed for [on premise] consumption of alcoholic liquor in the [s]tate of Connecticut . . . shall only serve food or [nonalcoholic] beverages for [off premise] consumption.’’ Executive Order No. 7D (March 16, 2020). In response to the rapidly evolving COVID-19 pandemic, Governor Lamont continued to promulgate a series of executive orders modifying Executive Order No. 7D. Specifically, in April, 2020, Governor Lamont issued Executive Order No. 7X, which extended to May 20, 2020, Executive Order No. 7D’s limitations on bars and restaurants. Given that the state had made some progress in stemming the spread of COVID-19, in May, 2020, Governor Lamont issued guid- ance called ‘‘Reopen Connecticut’’ to begin reopening portions of the state’s economy.

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