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Nevada Eighth Judicial District Court Judge Kerry Early denied Millers Tavern, et al. Motion for Temporary Restraining Order and Preliminary Injunction against the State of Nevada. A hearing was held August 13 on a series of restraining orders and preliminary injunctions.

The judge issued a written ruling that states, “Although a rational basis review allows a court to consider any reasonably conceivable state of facts that could provide a rational basis for the classification, there is no legal authority that allows a court to review events subsequent to the enactment of the challenged state action.”

The court also found that, “Under a rational basis standard of review, the Court may conceive of additional facts (if needed) to determine whether there was a rational basis for the Directive at the time of enactment, but the law does not provide support for identifying new facts which occurred subsequent to the issuance of Directive 27 to determine that there was not a rational basis.”
See the complete written ruling

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