Ventura County: Jacobson, and not “Traditional Constitutional Review” Governs Second Amendment Claims
Last week, the Ninth Circuit heard oral argument in McDougall v. County of Ventura, California. This case presented a challenge to the County’s COVID-19 restrictions on houses of worship.
Here, the government argued that Jacobson, and not the traditional tiers of scrutiny, govern:
Thus, a court’s review of temporary measures taken during such an emergency is not based on traditional constitutional review, but instead looks to whether the challenged action has a real or substantial relation to the crisis and is not “beyond all question a plain, palpable invasion” of clearly protected rights. (Jacobson, supra, 197 U.S. at p. 31.)
The government claimed that even after Roman Catholic Diocese, Jacobson is still the correct framework:
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