Judge rules against plaintiffs in lawsuit over early end to enhanced federal unemployment benefits

A state superior court judge on Monday rejected a lawsuit filed against the state challenging Gov. Chris Sununu’s early end to federal pandemic unemployment assistance. In her ruling, Judge Jacalyn Colburn refuted the plaintiffs’ arguments that the state had no authority to end a federal program prematurely. 

The lawsuit, brought by four people who received federal benefits for reasons related to the pandemic, named the state Department of Employment Security, not Sununu. Still, Sununu’s office issued a statement shortly after receiving the order. 

“I would like to thank the court for their clear, concise, and decisive ruling,” it said. “The New Hampshire Department of Employment Security has done a phenomenal job throughout the pandemic assisting out-of-work Granite Staters receive benefits and find work, and this ruling will allow them to continue helping our citizens unobstructed as we move forward.”

Attorney Mike Perez, the plaintiffs’ lawyer, said in a statement, “We are reviewing the decision and we will consider all options with the folks who brought this case and who need help.” 

Similar lawsuits have been filed in at least 14 other states with varying results. 

Sununu joined Republican governors in several states when he announced in May that he was ending pandemic unemployment benefits in mid-June, about three months before the federal government’s end date. 

In their lawsuit, filed in late August, the plaintiffs argued the pandemic unemployment assistance was provided under the federal Social Security Act and therefore could not be interfered with by state authorities. Colburn disagreed on both counts. 

“Because all of the plaintiffs’ claims for relief are premised on flawed interpretations of (state and federal laws), the court … finds that the plaintiffs cannot succeed on the merits of their claims as a matter of law,” she wrote.