Harvard Journal of Law & Public Policy will publish my new article on the Pandemic and the Constitution
I am happy to announce that the Harvard Journal of Law & Public Policy will publish my new article, What Rights are “Essential”? The 1st, 2nd, and 14th Amendments in the Time of Pandemic. This article remains quite popular on SSRN, and has garnered more than 2,500 views in the past month.
Here is the abstract:
Under conventional constitutional doctrine, courts pose familiar questions. Is a right “fundamental” or “non-fundamental”? Is a classification “suspect” or “non-suspect”? Should a law be reviewed with “strict scrutiny” or with “rational basis scrutiny? But during the COVID-19 pandemic, a novel question prevailed: was a right “essential” or “non-essential.” If a right was deemed “non-essential,” then the state could regulate, restrict, and even prohibit that right. Modern constitutional doctrine was simply set aside during the emergency. Different states drew different lines. Some states deemed the free exercise of religion and the right to keep and bear arms as “essential,” but access to abortions were deemed “non-essent
Article from Latest – Reason.com