State v. Riggin
State v. Riggin (Supreme Court of North Dakota, May 20, 2021): Riggin was charged with violating North Dakota Governor Doug Burgum’s executive order requiring the cessation of licensed cosmetologist operations within the state to mitigate the spread of COVID-19. Riggin claimed (1) the Governor exceeded his statutory authority and (2) that the executive order unconstitutionally violated separation of powers principles and Riggin’s right to conduct business. The North Dakota Supreme Court affirmed Governor Burgum’s power to suspend state business operations during a declared state of emergency per the North Dakota Disaster Act of 1985. It also concluded that Riggin failed to adequately support the challenge involving her right to conduct business. The executive order also did not violate separation of powers principles because the legislature properly delegated emergency powers to the Governor. Read the full decision here.