The Volokh Conspiracy

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Freedom of Assembly

Lawsuit Challenging N.H. Order Banning Gatherings of 50 or More People


You can see the governor's order, the motion for a temporary restraining order, and the governor's objection to the motion. The judge denied the TRO Wednesday, but scheduled a hearing for today.

I think the governor's order doesn't violate the U.S. Constitution (I can't speak to any specifically New Hampshire law questions), and will likely be upheld.

UPDATE: The N.H. Union-Leader (David Lane) reports that the judge ruled against the plaintiffs (thanks to commenter Dr. Ed for the pointer):

"The bottom line here is that the court finds there is overwhelming factual and legal support in the governor's action in declaring a state of emergency," Kissinger said from the bench after the hearing in Merrimack County Superior Court.

Kissinger said he would issue a written opinion within the next week.

"It is clear from the factual conclusions … that this is an extraordinary public health crisis and the danger to the citizens of New Hampshire, the country and the world is real and it is imminent," Kissinger said.

"The court cannot imagine a more critical public objective than protecting the citizens of this state and this country from becoming sick and dying from this pandemic."