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New Hampshire Supreme Court nominee defends COVID-19 policies

Daniel Will pledged to rule based on law amid debate over his defense of COVID-19 restrictions; supporters include prominent judges while critics cite civil liberties concerns.

  • On Feb. 6, 2026, Superior Court Judge Daniel Will appeared before the New Hampshire Executive Council and said he would decide cases by applying statutory and constitutional text, not personal views.
  • As the state's first solicitor general, Will led appeals defending New Hampshire from 2018 to 2021, including Sununu-era COVID-19 orders, Laurie List litigation, and ConVal challenges.
  • Asked by Republican Councilor John Stephen Friday whether his prior work would force recusal, Will said no in many instances but cannot sit on cases he personally participated in and noted few active lawsuits would require recusal after five years.
  • The five-member Executive Council must vote on Will's confirmation, with Councilor David Wheeler likely opposing, as a vote could occur as soon as Feb. 11.
  • Given the unusual ConVal majority and recent retirements, participation or recusal by Will could influence the outcome of Rand, likely appealed this year, affecting court dynamics.
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nhpr broke the news in New Hampshire, United States on Friday, February 6, 2026.
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