(The Center Square) — Delaware Republicans have signed onto an appeal of a lawsuit against Gov. John Carney’s authority to shut down houses of worship during public health emergencies.
In a new court filing, all 21 members of the state Assembly’s GOP caucus urged the state Supreme Court to consider the issue of whether the governor has the authority to revoke citizens’ constitutional rights under his emergency powers.
The legal filing is the latest volley in a lawsuit filed by a pair of pastors who challenged Carney’s executive authority to set restrictions on religious gatherings during the COVID-19 pandemic. A state Superior Court judge tossed out the legal challenge in August, but the plaintiffs appealed to the Supreme Court.
Republican lawmakers argue in the court filing that if one branch of government can ignore constitutional protections, it “undermines the integrity of the entire Delaware Code.”
“If the constitution can be disregarded, so