Newsweek - USA (2020-07-03)

Periscope

24 NEWSWEEK.COM

the governmental response to the
COVID-19 epidemic has perhaps
seen the most sweeping peacetime
restrictions of constitutional rights
in U.S. history. A wide array of consti-
tutional rights have been intruded on
by lockdowns, closures, quarantines,
isolation measures and social dis-
tancing requirements.
The states’ measures have led to a
wave of lawsuits and court rulings
about their impact on constitutional
rights, with the most high-profile
ones involving prayer and abortion.
However, the basic legitimacy of the
government depriving millions of

their basic liberties and livelihood

has not been a large part of the debate.

Instead, it has been about how these

measures apply to certain particular,

and highly politicized, rights.

Whatever the merits of the harsh

measures imposed in response to

COVID-19, such measures should be

seen as either inherently problem-

atic or tolerable, regardless of what

closures and social distancing might

mean for particular rights.

The Constitution reserves for states

broad power to protect the health of

its citizens. And the legal framework

of constitutional rights presumes a

Which Lockdowns

are Constitutional?

One law professor argues against

lockdowns that limit some kinds of liberty

but not others. Another commentator

says the question is not that simple

EVERY CONSTITUTIONAL

RIGHT SHOULD HAVE

EQUAL WEIGHT

by Eugene Kontorovich

JULY 03, 2020