{"id":"DUT-VA-019","kind":"duty","level":"court","jurisdiction":"Virginia (United States District Court for the Eastern District of Virginia, Richmond Division)","state":"VA","metro":"","industry":"","agency":"","eco":"","issuer":"Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver","authority":"Defs.\u0027 Opp\u0027n to Pl.\u0027s Mot. for Prelim. Inj. at 18 \u0026 n.22, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020), ECF No. 13","instrument":"Defendants\u0027 Opposition to Plaintiff\u0027s Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages","title":"Opposition to Motion for Preliminary Injunction, Tigges v. Northam, Civil Action No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020)","dateIssued":"2020-07-08","effective":"2020-07-08","end":"Not applicable (a filed brief); the state court decisions it reports are dated Apr. 30, June 10 and June 29, 2020","startDate":"2020-07-08","endDate":"","quarters":["2020Q2","2020Q3"],"types":["CLOSE","CAP","GATH","OTHER"],"addressees":["specified businesses (the closed and capacity-limited businesses in the cited cases); persons generally (the orders\u0027 addressees)"],"clause":"Numerous Virginia courts have rejected the claim that the Governor and State Health Commissioner\u0027s orders exceeded their authority under state law. See, e.g., Hall v. Northam, Case No. CL2000632-00 (Culpeper Cty. Cir. Ct. Apr. 30, 2020)... (Governor did not exceed his authority under State law in ordering certain businesses to close) (pet. for rev denied May 19, 2020)","enforcement":"Not a penalty instrument; it defends orders whose violation was a Class 1 misdemeanor under section 44-146.17 and section 32.1-27","functions":[],"notes":"The Commonwealth\u0027s representation to a federal court, with the state-court orders attached, that Virginia\u0027s own courts had held the Governor and the Commissioner acted within section 44-146.17 and Title 32.1 \u0027in ordering certain businesses to close\u0027 (Hall, Culpeper County, Apr. 30, 2020, review denied May 19, 2020), in ordering shooting ranges to close (SEG Props., Loudoun County, June 10, 2020) and in Strother (Fauquier County, June 29, 2020); the brief also grounds the orders in the police power under Jacobson and recites section 44-146.17(1) as the source of their force. Character as recorded: litigation_filing (the Commonwealth\u0027s opposition brief; not an order).","sourceUrl":"https://storage.courtlistener.com/recap/gov.uscourts.vaed.477265/gov.uscourts.vaed.477265.13.0.pdf","snapshot":"","fileExists":true,"fileBytes":448792,"grade":"primary","character":"litigation_filing","description":"","collection":"DUT-VA","url":"/library/DUT-VA-019","exhibitUrl":"/exhibit/DUT-VA-019","citation":"Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver, Defendants\u0027 Opposition to Plaintiff\u0027s Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages (Ex. DUT-VA-019)","stateName":"Virginia","related":["DUT-VA-018"]}