The attorney for three New York Republican lawmakers who are challenging the constitutionality of a Department of Health rulemaking process that isolated people in response to the COVID-19 outbreak uses terms like “monarchy,” “tyranny” and “catch me if you can” to describe the executive branch’s appeal to the Fourth Department, Appellate Division.

“This ‘catch me if you can’ attitude (where Appellants do whatever they want, irrespective of laws and the Constitution, and then say, ‘Come stop me, if you can!’) is the antithesis of how our representational form of government is intended to work,” Roberta Flower Cox, the attorney representing the Republicans, said in recent reply papers.

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