The Fiscal Alliance Foundation released the following statement today following the plaintiff’s filing of briefs in the case Dawn Desrosiers, et al. v. Governor Charles D. Baker, the lawsuit challenging the constitutionality of Governor Charlie Baker’s executive orders shutting down much of the Massachusetts economy through the Civil Defense Act.
“This is an important step towards finally arriving at some legal clarity regarding the Governor’s executive orders shutting down the state through the Civil Defense Act. The Fiscal Alliance Foundation strongly believes the proper channel for dealing with the COVID-19 pandemic lies with the state’s Public Health Act, which was specifically passed by the legislature for dealing with a public health emergency including a pandemic. The Governor’s use of the Civil Defense Act, which was designed to deal foreign invasions, is both illegal and unconstitutional.” commented Craney.