Note: please join us today, Tuesday, June, 23, 2020 (12 noon Hawaii Time) for a (free!) webinar. We'll analyze the latest on "Lockdowns, testing and tracking: Are they all really legal?"
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There have been quite a few lawsuits filed nationwide challenging the various shut-down and "essential"/"nonessential" distinctions being made. So many that we can't keep track of all of them, only the complaints that allege takings. See here, here, here, here, here, here, here, here, here, here, here, here and here, for a sampling.
So far, two lawsuits have been filed challenging the Hawaii Governor's corornavirus-related orders (neither alleges a taking, but we're following along because ... 808). See here and here for the complaints.
Here's the latest:
1. In the first case filed (For Our Rights v. Ige), the federal court has set the hearing on the plaintiffs' motion for preliminary injunction for Friday, June 26, 2020 at 10:30am Hawaii Time. Open to the public: Dial-in number: 1-650-479-3207; Access code: 1607055636.2. The second case (Carmichael v. Ige) is set for hearing on the plaintiffs' motion for a temporary restraining order and PI on Thursday, July 2, 2020, at 11:00 a.m., Hawaii Time. The court has not yet announced the way the public may "attend" this hearing. When it does, we'll post that information here.
Our thoughts on the Hawaii-law claims in these lawsuits: "Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority," 43 U. Haw. L. Rev. ___ (forthcoming 2020).
Our thoughts on the takings issues emergency orders present: Evaluating Emergency Takings: Flattening The Economic Curve.
