Western District of Pennsylvania Accurately Stated the Modern-Day Relevance of Jacobson v. Massachusetts
Over the past few months, I have written several blog posts about how the courts have approached the 1st, 2nd, and 14th Amendments during the pandemic. Those posts will serve as the basis for a lengthy article. I should be able to post it to SSRN by the end of this month. It is comprehensive.
For now, I will flag a portion of Judge Stickman’s decision in the Pennsylvania lockdown case. (Eugene flagged it earlier). He accurately stated the place Jacobson occupies in our constitutional canon.
Jacobson was decided over a century ago. Since that time, there has been substantial development of federal constitutional law in the area of civil liberties. As a general matter, this development has seen a jurisprudential shift whereby federal courts have given greater deference to considerations of individual liberties, as weighed against the exercise of state police powers. That century of development has seen th
Article from Latest – Reason.com