Governor Baker’s Response to Suit Regarding Recreational Marijuana Shutdown

Massachusetts Governor Charles Baker, in a response to the suit that was brought against him last week in connection with his decision to designate recreational marijuana businesses as “non-essential,” filed an “Opposition to Plaintiffs’ Motion for Preliminary Injunction” on Monday, April 13, 2020. The filing seeks to rebut the plaintiffs’ claims by offering counterarguments to their pleading for relief from the Governor’s executive orders that effectively shut down the recreational cannabis industry in the Commonwealth. The main thrust of the Governor’s argument is that the plaintiffs have failed to show a likelihood of success on the merits of their claims and, therefore, should be denied the injunctive relief they so seek. Below are some of the key takeaways from the response.

  1. Lack of Jurisdiction Claim. Governor Baker defends his issuance of the executive orders in question by taking the position that he, in his capacity as the Governor, is exempt from declaratory judgment. He highlights that the statute governing declaratory judgment expressly excludes such actions against the governor and his official acts. Building on this, he argues that, since the requisite jurisdiction does not exist, three of the plaintiffs’ claims must be dismissed and, as such, there is
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