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Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship

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Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship


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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.

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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.

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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.

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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

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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.



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Delaware judge allows school districts to issue higher commercial tax rates

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Delaware judge allows school districts to issue higher commercial tax rates


What are journalists missing from the state of Delaware? What would you most like WHYY News to cover? Let us know.

The Delaware Court of Chancery threw out a lawsuit regarding recent New Castle County property reassessments, clearing the way for updated tax bills to go out in November.

The original post-assessment property tax bills were sent out in July. State lawmakers, reacting to massive backlash from homeowners facing high tax bills, approved a statute in an August special session that allowed county school districts to issue higher rates for commercial properties for the 2025-2026 tax year, similar to what the county and city of Wilmington had already implemented.

New Castle County school districts then promptly issued new tax warrants, with the tax rates for nonresidential properties climbing from 35% to 80%, while lowering rates for residential properties.

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Apartment trade organizations and mobile home operators challenged the new law in September, calling it unconstitutional. Chancery Court Vice Chancellor Lori Will heard arguments in the case on Oct. 20.

The plaintiffs had six arguments, including that the statute violated the state constitution’s uniformity clause, that it was “regressive” and that it unlawfully shifted the tax burden from homeowners onto lower-income renters and residents of manufactured homes. They also argued school districts illegally benefited from increased tax revenue without first holding a referendum.

Will rejected those arguments, saying the General Assembly has the authority to create and change classes of property.

Will said lawmakers’ concerns that homeowners would be less likely to be able to afford tax hikes than commercial properties was reasonable.

“Our constitution does not demand perfection from a tax system,” she wrote in her opinion. “To be unconstitutional, the system’s flaws must be pervasive and systemic, meaning that they are widespread and built into the system itself.”

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Will also dismissed plaintiffs’ surprise revelation in early October that New Castle County was moving to reclassify more than 1,400 properties, shifting more than $1 billion in assessed value from residential to commercial.

“The isolated examples of misclassification are correctable administrative errors, not evidence of a system deliberately designed to be non-uniform,” she wrote.



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Wound Care Delaware Launches Mobile Wound Care Service

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Wound Care Delaware Launches Mobile Wound Care Service


NEWARK, DE – October 27, 2025 – PRESSADVANTAGE –

Wound Care Delaware today announced the launch of a mobile wound care service effective October 27, 2025, expanding access to clinical wound assessment and treatment across Delaware. The program operates from the organization’s medical clinic at 1101 Twin C Lane, Suite 201A, Newark, DE 19713, and is designed to bring licensed clinicians to patient residences and care facilities in coordination with referring providers.

“The new service enables the clinical team to deliver wound evaluation and procedures in residential and facility settings while maintaining continuity with the clinic,” said Dr. John Ashby, physician at Wound Care Delaware. “The model emphasizes coordination with primary care, specialty practices, and case managers to support timely scheduling and documentation within established care plans.”

Wound Care Delaware operates a brick-and-mortar medical clinic that serves as the logistical base for mobile deployment. The clinic schedules visits, verifies coverage, and coordinates referrals. The mobile teams travel to patient residences, skilled nursing facilities, and assisted living facilities under physician oversight. The program incorporates documentation that aligns with referring provider instructions and plan of care requirements.

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The mobile service follows a standard visit structure that includes intake, assessment, and procedure documentation. Clinicians record wound characteristics, materials used, and follow-up intervals in the patient record. The team communicates with referring offices regarding visit outcomes and next steps. This structure supports continuity across settings and reduces duplicate appointments. The objective is consistent record keeping within existing treatment plans.

The organization states that the service footprint includes communities throughout Delaware. The clinic address remains 1101 Twin C Lane, Suite 201A, Newark, DE 19713. The main line is (302) 404-2541. The scheduling team assigns routes based on geographic clusters and provider availability. The mobile units operate on weekdays with the capacity to adjust hours for facility coordination. The service integrates with transportation and building access policies at each location to meet compliance and safety requirements.

The clinical scope includes assessment of acute and chronic wounds as defined by referring providers. The team performs wound measurements, dressing changes, and related procedures that fall within licensure and policy. The program supports transitions of care following hospital discharge when wound care tasks are ordered for the home setting. Records from mobile visits are retained with clinic records to maintain a single chart. This approach enables a consolidated history for case review.

Wound Care Delaware maintains procedures that address consent, privacy, and infection control. Staff utilize protective equipment according to policy. Instruments and materials are handled in accordance with manufacturer instructions. Documentation is completed in an electronic record that supports secure data retention. The organization conducts periodic reviews of visit notes for completeness and consistency. Staff education covers route planning, equipment management, and incident reporting.

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The program’s operational design centers on coordination with existing care teams. Referring clinicians transmit orders to the clinic, and the scheduling team assigns a visit window. The mobile team confirms entry instructions with the residence or facility. After the visit, the team transmits notes to the referring office. This process aligns tasks among providers and reduces administrative delays. The model is intended to keep the plan of care intact across settings.

Wound Care Delaware began developing the mobile capability to address logistical barriers that can arise for patients with limited mobility or transportation. The clinic serves as a point of contact for questions about routes, referrals, and documentation. The organization notes that the mobile service will adapt as referral patterns evolve. The clinical team will evaluate routing, equipment, and staffing on a recurring basis to match demand. The goal is reliable scheduling and consistent documentation.

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For more information about Wound Care Delaware, contact the company here:

Wound Care Delaware
Dr. John Ashby
(302) 404-2541
office@woundcaredelaware.com
1101 Twin C Ln Ste 201a
Newark, DE 19713

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Where to watch Norfolk State vs Delaware State today: Time, TV channel for Week 10 game

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Where to watch Norfolk State vs Delaware State today: Time, TV channel for Week 10 game


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During their NFL careers together, Michael Vick connected with DeSean Jackson for 13 touchdown passes in Philadelphia.

The former Eagles teammates will meet up on Thursday, Oct. 30, coaching against one another at Lincoln Financial Field in a showdown between two prestigious Historically Black Colleges and Universities (HBCUs). Jackson is in his first year leading Delaware State (5-3, 1-0 MEAC), while Vick is in his first year with Norfolk State (1-7, 0-1).

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Stream Norfolk State football vs. Delaware State live on Fubo (free trial)

“It’s a hell of an opportunity to be across the field from DeSean,” Vick said on Monday, Oct. 27 (via Norfolk, Virginia CBS affiliate WTKR). “That’s what I respect. We’ve worked hard for this and we’ll see how it goes.”

The Spartans fell to South Carolina State, 51-20, last weekend in their MEAC opener, while the Hornets defeated North Carolina Central 35-26.

Here’s how to watch, including time, TV schedule, live streaming info and game odds:

What TV channel is Norfolk State vs Delaware State on today?

Norfolk State vs Delaware State will air on ESPNU in Week 10 of the 2025 college football season. The teams will play at Lincoln Financial Field in Philadelphia, with Tiffany Greene (play-by-play) and Jay Walker (analyst) calling the game.

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Streaming options include the ESPN app (with a cable login) and Fubo, the latter of which offers a free trial to potential subscribers.

Norfolk State vs Delaware State time today

  • Date: Thursday, Oct. 30
  • Time: 7 p.m. ET

The Week 10 MEAC matchup between Norfolk State football vs. Delaware State is scheduled to start at 7 p.m. ET on Thursday, Oct. 30.

Norfolk State vs Delaware State predictions

  • Prediction: Delaware State 42, Norfolk State 28

Jackson and Delaware State earn a two-touchdown victory over Vick and Delaware State behind a three-touchdown rushing performance from running back Marquis Gillis. 



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