Howell v. Cooper; North Carolina Bar and Tavern Association v. Stein

The North Carolina Supreme Court held, in two cases heard together, that bar owners pleaded colorable claims that executive orders shutting down or restricting operation of their businesses violated their right to earn a living under the “fruits of their own labor” and “law of the land” clauses. Both cases will proceed in the trial court after the state high court affirmed, with modifications, denial of the governor’s motion to dismiss in Howell and reversal of summary judgment for the governor in North Carolina Bar and Tavern. In North Carolina Bar and Tavern, the court agreed with the trial court that the plaintiffs’ separate equal protection claim failed under rational basis review.