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Checks and Balances: October 2020

“The court decided not to review the myriad due-process and separation-of-powers problems for factual reasons,” said attorney Aid Dynar of the New Civil Liberties Alliance in a statement. “At the same time, the court decided not to take a look at the facts to avoid the serious legal problems with Arizona’s administrative law. The court’s…
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Courts find pandemic orders unlawful in Michigan and Pennsylvania. Will the SJC do the same?

Pending before the highest court in Massachusetts is Desrosiers v. Baker, a lawsuit challenging the many unilateral orders Governor Charlie Baker has issued since declaring a state of emergency seven months ago. The Supreme Judicial Court heard oral arguments in the case on Sept. 11, but hasn’t yet issued a decision. That delay has a silver lining:…
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