As the COVID-19 pandemic continues and state and local governments take different approaches in responding it, an increasing number of cases have been filed against alleged government overreach. At first they were largely First Amendment cases, as we have previously covered (5/5, 4/22, 4/16, 4/13, 4/9, and 3/27), but now litigation is pending on nearly every government action in response to the pandemic, including challenges to governors' entire executive orders.
Last week, the Wisconsin Supreme Court struck down Governor Tony Evers' "safer-at-home" order. RNLA member Jake Curtis analyzed the decision, which was made on state separation of powers grounds:Read more
With the recent Supreme Court ruling on the question on citizenship status in the 2020 Census, legal scholars of all ilks have weighed in. In a recent opinion column from Hugh Hewitt, Hewitt takes an interesting approach to the implications of the decision requiring the Department of Commerce to provide a more conclusive rationale for including the question in next year’s census.Read more