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Amicus Briefs

George Borrello, et al. v. Kathleen Hochul, et al.

New York State Senator George Borrello and New York State Assemblymen Christopher Tague and Michael Lawler sued state actors, including Governor Kathleen Hochul, for their role in promulgating 10 NYCRR § 2.13—a Rule which establishes isolation and quarantine procedures for those who are suspected of having a communicable disease. The Rule directly contravenes a duly-enacted, detailed statute and cannot stand. NCLA’s amicus brief in this case argued that the Executive Branch arrogated to itself not just the power to order citizens into quarantine, but the power to suspend and amend statutes.

The Legislature had clearly spoken on the issue of quarantine, yet the Rule directly contradicts the scheme enacted by that lawmaking body. In this case, the Legislature enacted a clear policy specifying how quarantine orders are to be entered directing individualized assessment of threats to public health, based on each person’s affliction with a contagious disease. The Legislature chose not to permit broad population-wide quarantine orders that may cover people who merely might become afflicted with a disease. The existing law represented a detailed compromise between the need for public health measures and the robust liberty interests of individuals.

John J. Vecchione
Senior Litigation Counsel
Greg Dolin
Senior Litigation Counsel
NCLA FILINGS

Amicus Brief of the New Civil Liberties Alliance in Support of Petitioners-Respondents and Affirmance

May 23, 2023 | Read More

Notice of Motion for Leave to File a Brief as Amicus Curiae

May 23, 2023 | Read More

PRESS RELEASES

NCLA Amicus Brief Criticizes NY’s Isolation and Quarantine Rule for Invading Legislature’s Domain

May 23, 2023 | Read More

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