Issue

North Carolina—Corum claim—Equal Protection—economic regulation—rational basis review

Summary

In an action brought by a group of bar owners and employees (plaintiffs) challenging executive orders issued by the governor (defendant) restricting plaintiffs' businesses during the COVID-19 pandemic, where plaintiffs raised a claim pursuant to Corum v. Univ. of N.C., 330 N.C. 761 (1992), alleging that defendant's executive orders violated the state constitution’s Equal Protection Clause by arbitrarily treating plaintiffs' private bars differently from other businesses serving alcohol, the Supreme Court held that, under rational basis review, the different treatment of businesses under the executive orders had a conceivable rational relationship to the legitimate governmental interest of reducing COVID-19 transmission. In so holding, the Supreme Court reversed the Court of Appeals' decision upholding plaintiffs' equal protection claim under strict scrutiny review, since economic regulations (such as the restrictions imposed under the executive orders), absent the involvement of a suspect class or fundamental right, were generally subject to rational basis review.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →