Historical Review of the State Police Powers and Their Relevance to the COVID-19 Pandemic of 2020   [open pdf - 0B]

From the Introduction: "At the time this article was written, in June 2020, the United States was five months into the 2020 COVID-19 [coronavirus disease 2019] pandemic. The United States Supreme Court, in a divided decision, has turned away a challenge to state authority to impose general public health restrictions that did not exempt religious institutions. While most state and federal courts have also rejected challenges to public health orders, an unprecedented number of courts have sided with the challengers and substituted the courts' judgment on public health safety measures for that of the state or local public authorities. [...] This article is a historical look at the judicial review of public health orders and statutes. Courts have almost always deferred to the judgment of public health authorities or legislatures in public health cases. In only two cases has the Supreme Court found such actions unconstitutional. In both, the Court found that the proffered public health justification was pretextual, with a significant racial/ethnic bias."

2020 Edward P. Richards
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Journal of National Security Law & Policy: http://jnslp.com/
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Journal of National Security Law & Policy (2020), v.11 no.1
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