Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions - Lawfare

Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions - Lawfare: 
by Eric Posner

The coronavirus pandemic has spawned the most massive emergency restrictions of citizens’ liberties in the history of the United States. In most places, people are effectively under house arrest—free to leave home only for exercise; essential tasks (like buying groceries); and, for some people, essential work that cannot be performed at home. Citizens cannot hold political assemblies in the public square, organize union drives in common areas at the workplace, attend religious gatherings or operate businesses without government permission.

These events have produced a remarkable scrambling of ideological preferences. The last time the government cracked down on liberties on a large scale—in the wake of 9/11—liberals cried foul and went to the courts. Today, they criticize the president for failing to act more forcefully. Meanwhile, conservatives who might have cheered the security measures put in place to combat terrorism are protesting the lockdown. And they have brought cases in droves—arguing that restrictions in the various states violate constitutional rights to religious practice, freedom of speech, gun possession and protection of property.