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What role, if any, should the state and federal courts have in reviewing state executive action relating to shutdowns? And what standard of review should apply? I see a tension between the gravity of the moment and some arbitrariness of state action. Does it make sense to ban for profit lawn mowing while allowing liquor stores to stay open? I understand why this would survive a rational basis review, but is a more administrative law, hard look type review justified?
Thanks to you and the panelists! What, if any, implication does Jacobson v. Massachusetts have for federalism issues? Does Jacobsen extend to pandemic situations?
thank you all!
Becky Darin Goldberg