In re Covid-Related Restrictions on Religious Services

Summary

The Supreme Court of Delaware affirmed dismissal of challenges to COVID-19 restrictions on religious services. The Court held that the Court of Chancery lacked equitable jurisdiction because the restrictions had ended and the plaintiffs could not show a reasonable apprehension of future comparable conduct; it further held that the declaratory-judgment claims were nonjusticiable and that damages claims were barred by state-law immunity and qualified immunity. The Court concluded that the Governor's emergency decisions were discretionary and that no clearly established constitutional law made the challenged restrictions unlawful at the time.