Cox’s Hogan suit bombs out at Fourth Circuit

I’ve written a new piece at Maryland Reporter on last month’s ruling by a federal appeals court confirming the demise of Del. Dan Cox’s suit against Larry Hogan claiming that the governor’s emergency COVID-19 orders had violated the law and the constitution. A few excerpts:

“Then there were the signs of hasty lawsuit drafting… One subhead in the original filing cited ‘Irreparable Injury To Plaintiffs From Governor Northam’s Gathering Orders,’ comically echoing a suit filed earlier in a different state – Virginia — against Gov. Ralph Northam.”…

“The suit was decked out with rhetorical flights and what you might call ambitious theories of constitutional law, such as that [Gov. Hogan’s pandemic] orders had had the effect of depriving Marylanders of a republican form of government. As the appeals court noted last month, Cox’s subsequent briefing did not go on to argue the merits of many of these theories, leaving Judge Blake free to dismiss them without discussion….

“Del. Cox will undoubtedly continue to work the campaign trail making strongly worded claims about the U.S. and Maryland constitutions as he understands them. Just remember that the actual federal courts keep making it clear that his ideas about the Constitution are not theirs.”

I covered the initial dismissal of Cox’s suit two years ago for the Frederick News-Post.

2 Comments

Filed under Law, Politics

2 responses to “Cox’s Hogan suit bombs out at Fourth Circuit

  1. Pingback: Del. Dan Cox responds to my Maryland Reporter piece | Free State Notes

  2. Pingback: Dan Cox as “Constitutional Attorney” | Free State Notes

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s