Cox is hoping his appeal will be successful after the decision by the U.S. Supreme Court on Wednesday
Frederick, Md. – Del. Dan Cox (Frederick and Carroll Counties) released a statement on Thursday regarding recent actions by the Supreme Court and how it may affect his appeal of lawsuit against Gov. Larry Hogan’s coronavirus restrictions.
Statement from Cox:
“The Plaintiffs in Antietam Battlefield KOA, et al v. Larry Hogan, et al, 1:20-cv-01130, have appealed to the United States Court of Appeals for the Fourth Circuit from the denial of relief and dismissal of our case challenging the unprecedented restrictions on rights guaranteed under the United States and Maryland Constitutions which bind the government from overreach.
Last night near Midnight before Thanksgiving Day the Supreme Court of the United States ruled that New York Governor Cuomo’s restrictive COVID orders against churches were unconstitutional. Like Governor Hogan, Governor Cuomo has used the Jacobson v. Massachusetts framework -a 1908 case existing before the incorporation of the Bill of Rights and 14th Amendment to the states – to restrict freedoms of New Yorkers at unprecedented levels. Like Maryland, the New York orders utilize a “50%” mandatory closure/reduction of capacity rule for churches and businesses.
The Supreme Court last night ruled that such actions are unconstitutional and would immediately be stricken.
We therefore remain confident that our case demonstrates strength and that Marylanders will achieve freedom once again very soon and in that confidence have filed our appeal on this Thanksgiving Day, 2020.
Additionally, the recent draconian actions of the Frederick County Board of Health and other County health departments in limiting gatherings in violation of the First Amendment and the Governor targeting Thanksgiving dinner celebrations are outrageous and they should be on notice that such extreme measures will be scrutinized by the the courts. As we defend our Constitutional freedoms we are thankful for, we firmly believe we are on the right side of American history as we take reasonable and rational precautions against viruses each season while letting the People keep their liberty.”
Cox and other plaintiffs filed the suit challenging the Governor’s orders to help slow the spread of the coronavirus, claiming they go too far. In dismissing the lawsuit on November 18th, Judge Catherine Blake said the Governor’s executive orders are not arbitrary or unreasonable, and do not violate the U-S Constitution.