Statement on Oral Arguments Presented at SJC

The Fiscal Alliance Foundation released the following statement today in response to oral arguments presented at the state Supreme Judicial Court (SJC).

The SJC heard the case of Dawn Desrosiers, et al. v. Governor Charles D. Baker (SJC 12983), which seeks to overturn the Governor’s executive orders shutting down much of the Commonwealth of Massachusetts. The case focused on the legal authority of the Governor’s orders and not the merits of the underlying policies.

“Massachusetts residents and small businesses officially had their day in court today and we feel strongly that our side of the argument was properly heard. The SJC was very engaged with both sides and asked the Government some very challenging questions that were long overdue. While we hope to be successful, we are pleased that today, at the very least, our side of the argument was heard nearly 200 days after the first order was issued by the Governor,” said Danielle Webb, Esq, Chair of Fiscal Alliance Foundation  

On March 10, Governor Baker declared a state of emergency and began promulgating a series of executive orders shutting down businesses and limiting public assembly. The lawsuit argues that rather than utilizing the state Public Health Act, a law specifically passed by the legislature to deal with pandemic situations, Gov. Baker placed his authority in the 1950s vintage Civil Defense Act.

“Massachusetts residents and businesses that have fallen victim to the Governor’s orders, either by closing their small business for good or having their freedoms and liberties limited, should feel a sense of relief that their side of the argument was finally heard by the public and the state’s highest court. We hope the justices will rule in favor of those in Massachusetts who are suffering and do not have a voice due to these orders,” stated Paul Diego Craney, spokesperson for the Fiscal Alliance Foundation.