STATE POLICEMEN'S ASS'N v. MURPHY

DOCKET No. A-1525-21, A-1548-21.

271 A.3d 333 (2022)

470 N.J. Super. 568

NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, Plaintiff-Appellant, v. Philip D. MURPHY, Governor of New Jersey, Defendant-Respondent. New Jersey Superior Officers Law Enforcement Association, Plaintiff-Appellant, v. Philip D. Murphy, Governor of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 2022.


Attorney(s) appearing for the Case

Frank M. Crivelli argued the cause for appellant New Jersey State Policemen's Association (Crivelli, Barbati & DeRose, LLC, attorneys, Frank M. Crivelli , Hamilton, of counsel and on the briefs; Donald C. Barbati , Princeton, and Michael P. DeRose , on the briefs).

Kevin D. Jarvis argued the cause for appellant New Jersey Superior Officers Law Enforcement Association (O'Brien, Belland & Bushinsky, LLC, attorneys; Kevin D. Jarvis , Moorestown, on the briefs).

Angela Cai , Deputy State Solicitor, argued the cause for respondent ( Andrew J. Bruck , Acting Attorney General, attorney; Jeremy M. Feigenbaum , State Solicitor, Angela Cai, and Donna Sue Arons , Assistant Attorney General, of counsel and on the brief; Carlene Dooley , Nathaniel Levy , Tim Sheehan , Marie Soueid , and Ryan Silver , Deputy Attorneys General, on the brief).

Michael R. Noveck , Assistant Deputy Public Defender, argued the cause for amici curiae New Jersey Office of the Public Defender, American Civil Liberties Union of New Jersey, Rutgers Criminal and Youth Justice Clinic, New Jersey Prison Justice Watch, Transformative Justice Initiative, and Salvation and Social Justice ( Joseph E. Krakora , Public Defender, and American Civil Liberties Union of New Jersey Foundation, attorneys; Michael R. Noveck , of counsel and on the brief; Jeanne Locicero and Alexander Shalom , Newark, on the brief).

Jeff Dubner (Democracy Forward Foundation) of the District of Columbia and New York bars, admitted pro hac vice, argued the cause for amici curiae American Medical Association, American College of Correctional Physicians, and Medical Society of New Jersey (Greenbaum, Rowe, Smith & Davis, LLP, Jeff Dubner , Rachel L. Fried (Democracy Forward Foundation) of the District of Columbia and New York bars, admitted pro hac vice, and JoAnn Kintz (Democracy Forward Foundation) of the Colorado bar, admitted pro hac vice, attorneys; John Zen Jackson , Iselin, Rachel L. Fried , and Joann Kintz , on the brief).

Peter Demkovitz argued the cause for amicus curiae The New Jersey State Lodge of the Fraternal Order of Police (Markowitz and Richman, attorneys; Matthew D. Areman , on the brief).

Before Judges Fisher, Currier and Smith.


The opinion of the court was delivered by

COVID-19 has now killed more than 900,000 and hospitalized about 4,000,000 Americans. See Nat'l Fed'n of Indep. Bus. v. Dep't of Labor, ___ U.S. ___, 142 S.Ct. 661, 670, 211 L.Ed.2d 448 (2022) (dissenting opinion). At least 75,000,000 Americans have been infected...

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