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Ex. DUT-MD-018 Standing duty Primary source read

Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint)

Antietam Battlefield KOA, et al. v. Lawrence J. Hogan, et al., Memorandum (Civil Action No. CCB-20-1130)

United States District Court for the District of Maryland (Blake, J.) · Maryland (United States District Court for the District of Maryland) (Court)

The COVID Project

The record

Jurisdiction
Maryland (United States District Court for the District of Maryland) · Maryland
Level
Court
Authority
28 U.S.C. § 1331; 42 U.S.C. § 1983; Fed. R. Civ. P. 12(b)(6)
Issued
2020-11-18 Nov. 18, 2020
Effective
2020-11-18
End
final in the district court (read as 2020-12-31)
In force
Nov. 18, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitation types
Stay-at-homeBusiness closureGathering capFace-covering requirementStanding duty
Addressees
  • the plaintiffs and, as precedent, every business and person subject to the Governor's orders
Character
adjudication
Collection
Standing duties: Maryland DUT-MD

Operative words

Jacobson holds that it is not the role of the judiciary to second-guess policy choices... the court cannot conclude that Governor Hogan's measures are arbitrary or unreasonable, or that they plainly violate any of the plaintiffs' constitutional rights.... Accordingly, the defendants' motion to dismiss will be granted.

Penalty

Not applicable (judicial opinion)

What it required

Dismissed the constitutional challenge to the Governor's series of COVID-19 executive orders, confirming as of the fourth quarter of 2020 that the closure, gathering, distancing and face-covering orders stood as valid exercises of the State's police power binding every addressee. Character as recorded: adjudication (order_operating_condition layer).

Retrieval note

Eleven pages; ECF header 'Case 1:20-cv-01130-CCB Document 71 Filed 11/18/20.' Opening sentence: 'This action brought by citizens, business owners, and religious leaders is a challenge to the constitutionality of a series of executive orders issued by Maryland Governor Lawrence Hogan aimed at preventing the spread of COVID-19.' Conclusion at 11: 'Accordingly, the defendants' motion to dismiss will be granted.' The court applied Jacobson v. Massachusetts, 197 U.S. 11 (1905), noting the Supreme Court's plurality invocation of it in 2020, and the second Jacobson test for a 'plain, palpable invasion of rights.'.