Supreme Court of Delaware

Facer v. Governor of Delaware, John Carney

May 17, 2022

Summary

The Court affirmed dismissal of Facer’s petition for a writ of mandamus because challenges to emergency orders that were no longer in effect were moot, and a possible future pandemic did not justify an advisory opinion. It also held that Facer could not obtain mandamus concerning the continuing public-health emergency because the Governor’s exercise of emergency powers was discretionary rather than ministerial.