Delaware
Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship
Lawsuit fights back at emergency order restriction for churches
Lawsuit fights back at emergency order restriction for churches
Jerry Habraken, Delaware News Journal
The Delaware Supreme Court has agreed with two lower courts that dismissed lawsuits filed by two pastors seeking to prevent the state’s governor from imposing future restrictions on religious worship.
In its opinion issued Thursday, the court said freedom of religion is an essential tenet of democracy and restrictions on religious worship must be viewed with a great deal of skepticism. But the judiciary is not the forum to debate and resolve hypothetical questions regarding the constitutionality of restrictions that were lifted long before any legal action was filed.
“Moreover, public officials who act under emergent conditions and make careful, discretionary decisions based on the best information available are immune from personal liability if those actions are later determined to be contrary to the law,” the five justices said in the opinion. “For those reasons, we agree with our trial courts that the appellants’ claims could not proceed.”
Gov. John Carney’s office did not respond to a Thursday email seeking comment. Lawyers at the Neuberger Firm, one of the firms representing the pastors, said they were still digesting the ruling.
“We have 90 days to look into that which may be an error in an area not often before our state courts,” Attorney Thomas S. Neuberger said.
What the lawsuits argued
The Rev. Alan Hines, of Townsend Free Will Baptist Church in Townsend, and the Rev. David Landow, of Emmanuel Orthodox Presbyterian Church in Wilmington, filed the lawsuits in late 2021 seeking an injunction against future emergency orders that place restrictions on houses of worship such as those imposed by Carney in 2020 as the COVID-19 pandemic spread.
The pastors had sought a declaration that Carney’s emergency orders were illegal, including:
- Prohibiting in-person Sunday religious services
- Preventing indoor preaching.
- Banning singing.
- Barring the elderly from church.
- Prohibiting Baptism.
- Prohibiting the Lord’s Supper.
- Favoring Jewish circumcisions over Christian baptisms.
More: Lawsuits ask that governors’ emergency orders keep their ‘hands off’ houses of worship
The pastors’ lawsuits claimed Carney’s emergency orders early in the pandemic denied them their “absolute religious freedoms.”
Through their lawsuits, the pastors asked Carney and future Delaware governors to keep their “hands off” the church in future emergencies, regardless of any pretense they may offer.
In Carney’s motion to dismiss the case, his attorneys argued the governor is immune from damages for the alleged violations. They also argued for dismissal because the pastors’ violations of rights were “past exposure,” which is “insufficient to demonstrate that there is a current case or controversy entitling them to declaratory relief.”
On Thursday, the state Supreme Court said all the restrictions challenged by the pastors were lifted by June 2020 — more than 18 months before the pastors filed suit in the Chancery Court. That action, seeking injunctive relief against restrictions that no longer were in effect, was dismissed by Vice Chancellor J. Travis Laster after he concluded Chancery Court lacked subject matter jurisdiction.
More: Why a Delaware judge dismissed a lawsuit challenging future COVID-19 restrictions
The Supreme Court then pointed out the pastors transferred the lawsuit to state Superior Court, where Judge Meghan A. Adams also dismissed the action, saying the pastors’ claims for declaratory relief were not capable of being decided by legal principles or by a court of justice. Adams also concluded the governor was immune from being sued for the damages claims.
More: Why a second judge dismissed lawsuits to stop Delaware governor from restricting worship
In a 45-page opinion, the state Supreme Court agreed with both lower courts.
While the case might appear to be done for now, Neuberger’s firm said the state’s highest court made it clear that governors can never issue such orders again and referred to the final page of the opinion where justices wrote:
“Case law that has developed since the Challenged Restrictions were lifted support the view that the restrictions violated Appellants’ rights. Well after the Challenged Restrictions were lifted, the United States Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court held that a church and synagogue established that they would likely prevail in proving that occupancy limitations at public places of worship violated the Free Exercise Clause of the First Amendment. A future governor confronted with a future public-health emergency would have the benefit of that precedent, but it was not available at the time Appellee made the decisions at issue.”
Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.
Delaware
Delaware eyes $25.3 million infusion to affordable child care. But to what end?
Is Your Child Ready to Stay Home Alone? Summer Safety Guide
As summer vacation approaches, many parents wonder if their children are ready to stay home alone. Here are some recommendations to help you decide.
Delaware child care has been a fixture of this budget season.
Gov. Matt Meyer pitched some $50 million toward early education in his proposed budget for next fiscal year. It included an $11.3 million federal grant to bolster systems, $8 million to pilot statewide hubs – and the largest piece in $25.3 million to boost Purchase of Care, or state-subsidized child care.
That line item proved a major talking point during a public health budget hearing in Legislative Hall on Monday, March 2, while connecting to broader visions for early childhood reform.
As it turns out, Delaware’s subsidized child care program in particular was already due to shoulder federal requirement changes dating back to the Biden administration. And those changes, effective April 1, could cost the state about $25 million to keep up.
That morning, lawmakers were briefed by the Delaware Department of Health and Social Services for more than three hours, before well over 50 public comments stretched late into the afternoon. Topics ranged from at-home care and centers supporting Delawareans with disabilities, to the ongoing strain of child care.
New Health Secretary Christen Linke Young said the Trump administration might drop these coming changes to pay providers based on child enrollment, before they’re effective.
And for Delaware, she would agree with that call.
Boosting Delaware child care, one way or the other
Purchase of Care is one program helping lower-income Delaware families – or those making below 200% of the federal poverty level, as of yet – afford care at various child care outfits across the state. Delaware pays those providers directly, around the end of the month, based on how many days these children attended.
Federal requirements could force states to change that.
Delaware would have to pay providers at the top of the month, based on their overall student enrollment, regardless of attendance. Young told lawmakers that would cost around $25 million each year, if requirements are not rescinded by the Trump administration.
It would mean more money for providers, she said, though also harsher policy needed around attendance expectations.
“If the federal government does change the rules, we need that full amount to shift to enrollment,” she said, addressing the Joint Finance Committee dais. “If not, our intention is to use it for increased eligibility.”
In other words, the administration hopes to invest about $25 million into this bucket either way. However, the health secretary said paying based on enrollment isn’t her recommendation.
Young told lawmakers the administration would rather see that amount infused into the program to expand eligibility to 250% of the federal poverty level. So, picture a family of three making roughly $80,000 would make the cut. No changes were proposed to co-payments or special education tiers.
This was met with mixed reviews.
“I’m sure some folks are going to have something to say about that,” cautioned Sen. Trey Paradee, committee chair.
For her part, Jamie Schneider was already editing her remarks in real time.
“Comments today suggested providers want to keep attendance-based payments instead of moving to enrollment-based payments,” said the interim executive director for Delaware Association for the Education of Young Children, representing some 900 early care providers. “That is inaccurate and I hope it’s a misunderstanding.”
Schneider welcomed the enrollment model, with “clear rules” to hold both providers and parents responsible. She and a handful of other speakers still also reinforced the necessity in bolstering the Purchase of Care program, from accessibility to reimbursement rates.
Some lawmakers hesitated on shifting away from enrollment boon for providers, while others pushed for attention on the benefits cliff. Meanwhile, child care became an economic discussion.
Is Delaware child care everyone’s business?
Some lawmakers did not care for this price tag, either way.
“So, there’s $25 million that will be saved because of this non-change, and you’re going to expand the program?” Sen. Dave Lawson posed to Young, while expressing concern for taxpayer dollars.
The secretary quickly turned to economic impact.
“Child care is expensive,” she said, in a portion of her remarks. “It is keeping people out of the workforce. It is posing an enormous burden on families and keeping them from making choices that they want to make, to participate in the economy, or to drive change.”
The Rodel Foundation released survey data in fall 2025 that would buttress these claims. The nonprofit is focused on public education and policy, with early childhood education as one pillar. At a glance:
- About 92% of Delaware employers surveyed said child care challenges are hurting their employees, while some 76% reported such problems directly impact their business operations.
- About 1 in 4 caregivers said they considered leaving Delaware because of child care challenges.
- 1 in 3 employers cited productivity declines, lost hours or services and staff turnover.
- 2 in 3 have seen their employees miss work, reduce hours or report absences at least monthly.
- For parents, 1 in 3 reported turning down a job or promotion, cut hours or left work to meet child care demands.
“The cliff is real for me,” Sen. Eric Buckson said. “It disincentivizes individuals to climb out, and I’ve seen it work against folks.”
Purchase of Care’s “graduated phase out” level – often referred to as the “benefits cliff,” when eligibility runs up – would remain at 300%, according to DHSS budget documents and hearing remarks. It was unclear Monday if it would be solidified in more years to come.
There is a long runway ahead.
Untangling a bigger picture for Delaware child care
Sometimes Lt. Gov. Kyle Evans Gay describes the state of Delaware’s early childhood education system as the backside of an average desk. Tangled wires trace down the wall, with various colors and knots headed toward different outlets.
She’s been tapped to help straighten it up.
Named chair to the Interagency Resource Management Committee last year, Gay has overseen several Delaware departments as they centralize on early education. Those are state departments like Health and Social Services, Education, Services for Children, Youth and their Families and more.
The cross-agency group – with cabinet secretaries, agency leadership, lawmakers and the Delaware Early Childhood Council – landed a $11.3 million preschool development grant. Gay sees this next year ahead as setting the stage.
“That will go to projects in each of the agencies, as well as projects in my office,” the lieutenant governor said.
“And truly, with that money, we are building that investable system so that we can have information, including data about how to better serve Delawareans. We’re going to be building local infrastructure so that we can make sure that providers, educators, parents, have resources at their local levels.”
The former state senator and longtime advocate on child care issues sees a north star of early education as a universal, public good.
“But that’s an incredibly large project,” she said. “And it’s a big change from how we traditionally think about birth through 5.”
From exploring finance models to connecting public and private partners, this could be one step in that direction.
DDOE’s Office of Child Care Licensing has also been working to digitize electronic record systems to elevate the office’s public database, while tracking compliance and investigating complaints across Delaware’s licensed providers. A combined $2.4 million was pledged to make it happen, in the last two years, and it’s highly anticipated, Gay said.
The “Delaware Early Childhood Care & Education Alliance,” or likely hubs to the north and south, may also land an $8 million infusion to work across area providers and assist the state in expanding child care access, as outlined in the governor’s proposed budget.
A budget hearing on public education should bring more on that, Tuesday, March 3.
Got another education tip? Contact Kelly Powers at kepowers@usatodayco.com.
Delaware
Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns
This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.
A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors.
What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27.
More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.
“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.
The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.
The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law.
More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.
Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.
They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.
In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.”
Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.
Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.
In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.
“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.
The legal arguments for SB 21
When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.
The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”
During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”
The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile.
Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades.
He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”
Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.
Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.
Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.
During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.”
“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said.
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Delaware
Police identify victim of Wilmington motorcycle crash
What to do if you come across a serious car accident
Here is some information about what to do if you come across a serious car accident.
State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.
Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.
Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.
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