NY Constitutional Challenge of Executive Order 202

Judicial check of powers used by governors across the nation to employ core strategies to address COVID-19.

HoganWillig, PLLC (“HoganWillig”), filed a Complaint on May 13, 2020, in the U.S. District Court for the Western District of New York against Atty Gen. Letitia A. James and Gov. Andrew M. Cuomo. The Complaint arose out of Governor Cuomo’s issuance of his COVID-19-related Executive Orders, and Attorney General James’ enforcement thereof.

HoganWillig maintains that the steps Governor Cuomo has taken, and AG James has enforced, in an attempt to “flatten the COVID-19 curve” far exceed the Governor’s authority under Section 29-a of Article 2-B of the Executive Law, which Governor Cuomo has cited as his authority for issuing the Executive Orders. Further, we believe those sections of law are repugnant to both the United States and New York State Constitutions. Therefore, while our own circumstances necessitate our challenge of Governor Cuomo’s authority and Attorney General James’ enforcement measures, broader Constitutional issues concerning Governor Cuomo’s and Attorney General James’ disturbing abuses of power must be addressed.

Resource Articles:



  • Running tally on Collateral Damage from NY Executive Order 202
  • COVID-19 Medical Review