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U.S. Supreme Court,
Government,
Constitutional Law

Apr. 28, 2020

The COVID-19 pandemic should spell the end of the Supreme Court’s Jacobson rule

The COVID-19 pandemic has led to thousands of deaths in the United States and millions of lost jobs. It is also likely to open the floodgates to constitutional litigation, especially since government officials have responded to the virus with vague stay-at-home orders that impose criminal penalties on violators instead of issuing guidelines that call for voluntary compliance, as civil libertarians have repeatedly urged.

Scott J. Street

Partner
Musick, Peeler & Garrett LLP

Phone: (213) 205-2800

Email: sstreet@jwhowardattorneys.com

Scott has taught at Loyola Law School, practiced in the U.S. Supreme Court and written for the Daily Journal and other publications.

The COVID-19 pandemic has led to thousands of deaths in the United States and millions of lost jobs. It is also likely to open the floodgates to constitutional litigation, especially since government officials have responded to the virus with vague stay-at-home orders that impose criminal penalties on violators instead of issuing guidelines that call for voluntary compliance, as civil libertarians have repeatedly urged.

In these law...

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