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Ex. DUT-VA-019 Standing duty Primary source read

Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages

Opposition to Motion for Preliminary Injunction, Tigges v. Northam, Civil Action No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020)

Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver · Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) (Court)

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The record

Jurisdiction
Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) · Virginia
Level
Court
Authority
Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj. at 18 & n.22, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020), ECF No. 13
Issued
2020-07-08 July 8, 2020
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
In force
July 8, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q22020 Q3
Limitation types
Business closureCapacity limitGathering capOther
Addressees
  • specified businesses (the closed and capacity-limited businesses in the cited cases); persons generally (the orders' addressees)
Character
litigation filing
Collection
Standing duties: Virginia DUT-VA

Operative words

Numerous Virginia courts have rejected the claim that the Governor and State Health Commissioner's 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)

Penalty

Not a penalty instrument; it defends orders whose violation was a Class 1 misdemeanor under section 44-146.17 and section 32.1-27

What it required

The Commonwealth's representation to a federal court, with the state-court orders attached, that Virginia's own courts had held the Governor and the Commissioner acted within section 44-146.17 and Title 32.1 'in ordering certain businesses to close' (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's opposition brief; not an order).

Retrieval note

Verified_primary as to the brief's text (the RECAP copy of ECF No. 13, 35 pages, brief page 18, ECF page 26); The circuit court decisions are cited in a memorandum only as the Commonwealth described them, with this exhibit as the source.