Jones v. DeSantis
In 2018, Florida voters ratified Amendment 4, a state ballot initiative granting the right to vote to most formerly incarcerated people in the state “upon completion of all terms of sentence.”...
View ArticleContagion and the Right to Travel
Not since 1918 has the United States faced the kind of wide-scale public health crisis that Americans face today. The novel coronavirus pandemic of 2020 jeopardizes multiple millions of Americans’...
View ArticleInequality During a Pandemic, Part I: Shared Suffering and Self-Quarantine
As governors and mayors rush to stem the spread of COVID-19 throughout the country, and as healthcare workers make difficult resource allocation decisions, they are often treating some people...
View ArticleCOVID-19 Reinforces the Argument for “Regular” Judicial Review—Not Suspension...
Not surprisingly, local and state government orders aimed at mitigating the spread of novel coronavirus have already provoked a series of objections grounded in civil liberties. Just as quickly,...
View ArticleStates of Emergencies: Part I
Introduction The fight against COVID-19 has led many countries, including liberal democracies, to take extraordinary measures that would undoubtedly be constitutionally problematic in normal times....
View ArticleStates of Emergencies: Part II
Introduction In our earlier post, we described how the legal bases for countries’ coronavirus responses typically fall into three broad categories. First, some countries have declared a state of...
View Article“Lineal Descendant” Analysis in Second Amendment Litigation
Second Amendment doctrine—perhaps more than any other constitutional right save the Seventh Amendment civil jury—has become intensely preoccupied with genealogy. Ever since Chief Justice John Roberts...
View ArticleRecent Case: Terkel v. Centers for Disease Control and Prevention
In America, the people are sovereign and straightjacketed. Faced with a problem — passing, like a pandemic, or persistent, like poverty — they can call on their government to answer it. But, when they...
View ArticlePrison Gates at the State Line
A spate of illiberal legislation has recently emerged in state legislatures. A dangerous form of law with a dark past lurks among the troubling proposals: the criminalization of movement. In Missouri...
View ArticleNotwithstanding the Right to Strike: A Canadian Province Defies the...
The “Notwithstanding Clause,” the common name for section 33 of Canada’s Charter of Rights and Freedoms—the country’s constitutional bill of rights—authorizes time-bound legislation that violates the...
View Article
