|
Clearly, these orders involve the restriction of numerous constitutional rights.
As such they would be subject to strict scrutiny.
If these orders were suddenly imposed during, say, a regular flu season, they surely would be found unconstitutional.
As of today, in most states, given the circumstances and what is known, in many instances it’s debatable.
As time passes the analysis changes, depending on what happens with the virus, New information from around the world, etc.
|