The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- Court
- Authority
- 20 Del. C. §§ 3115(a)-(c), 3116(b)(13); 10 Del. C. § 4001 (State Tort Claims Act)
- Issued
- 2024-08-01 Aug. 1, 2024
- Effective
- 2024-08-01
- End
- standing (final judgment)
- In force
- Standing since Aug. 1, 2024 (a statutory duty; in force throughout the six quarters)
- Limitation types
- Business closureGathering capStanding duty
- Addressees
- persons generally; Essential and Non-Essential Businesses; houses of worship
- Character
- adjudication
- Collection
- Standing duties: Delaware DUT-DE
Operative words
The Fourth Modification stated that it had "the force and effect of law," and that "[a]ny failure to comply with [its] provisions... constitutes a criminal offense."
Penalty
criminal offense under 20 Del. C. § 3125 (as recited in the orders and in the opinion)
What it required
The Delaware Supreme Court recites that the Emergency Management Act empowers the Governor to issue emergency orders 'which shall have the force and effect of law' (slip op. at 3, quoting § 3115(b)), that the Fourth Modification required Non-Essential Businesses to close their physical locations and bound Essential Businesses to 'a list of mandates and restrictions, titled "Responsibilities of Essential Businesses"' (at 4-5), that non-compliance 'constitutes a criminal offense' (at 5), and that the Governor's adoption of the restrictions was an exercise of discretionary statutory authority (at 36-37). Character as recorded: adjudication (orders upheld).
Retrieval noteCite the opinion for its description of the orders' legal force and of the business mandates. The court's holdings concern mootness, standing and the Governor's immunity under 10 Del. C. § 4001; the passage on 'a probable constitutional violation' concerns the singling out of houses of worship and is not relied on. Slip-opinion pagination from the PDF.