LBRY Block Explorer

LBRY Claims • covid-19-and-the-constitution-jacobson,

720cfde9c597e2ad2461711c6d97b296aa27aeea

Published By
Created On
20 Oct 2021 18:20:01 UTC
Transaction ID
Cost
Safe for Work
Free
Yes
COVID-19 and the Constitution: Jacobson, Lochner, Mandates, and Lockdowns
In 1905, the Supreme Court rendered two landmark decisions on the scope of individual liberty: Henning Jacobson v. Commonwealth of Massachusetts and Joseph Lochner v. People of the State of New York. Jacobson’s broad deference to public health authority lived side by side with Lochner’s broader conception of economic liberty. While the restrictive precedent, Jacobson, now governs all pandemic response, Lochner is no longer available as a check, having been thrown in the dustbin of legal history. Judges follow a variant of Jacobson that’s far removed from the actual decision to resolve disputes over religious freedom, abortion, gun rights, voting, and more. Over the course of a century, four prominent justices established the irrepressible myth of Jacobson v. Massachusetts.

At a time when state police power has imposed unprecedented limits on individuals’ ability to provide for themselves, Lochner should be brought out of lockdown. The rationales for Lochner’s subsequent disavowal by the Court are largely inapplicable to the COVID-19 situation. Shutdown orders and the like have an economic effect but are not economic policy. They may be one of the broadest assertions of sovereign authority in peacetime, but we lack the constitutional language to deal with the potential danger to liberty implicated by such measures. Please join Josh Blackman and Eugene Kontorovich to discuss their recent work in this area, with commentary by Wendy Mariner.

Submit questions in the comment box on this page and join the conversation on social media using #CatoSCOTUS.

Follow #CatoCOVID for more on the pandemic.

LEARN MORE: https://www.cato.org/events/covid-constitution-jacobson-lochner-mandates-lockdowns
...
https://www.youtube.com/watch?v=GgnPdIDjHFg
Author
Content Type
Unspecified
video/mp4
Language
English
Open in LBRY

More from the publisher

Controlling
VIDEO
EXPLO
Controlling
VIDEO
CAN P
Controlling
VIDEO
THE #
Controlling
VIDEO
2/3 O
Controlling
VIDEO
POLIT
Controlling
VIDEO
WHAT
Controlling
VIDEO
THE B
Controlling
VIDEO
PARSI
Controlling
VIDEO
THAT