3 ms·

It is fiction, but the actual court cases its based on happened and I think the court will have a very tough decision if someone tries to shutdown interstate tr

It is fiction, but the actual court cases its based on happened and I think the court will have a very tough decision if someone tries to shutdown interstate travel. There is a lot of case law already decided. I doubt its actually possible on a practical level in the US.

jacquesm 7y ago
I don't think that will fly. Emergencies trump the law. Hence the term 'emergency powers'. It is an illusion to think that given the choice of upholding old law that was not made with those circumstances in mind or letting a bunch of people die needlessly that the law would prevail unchanged. What will happen is that the law will pending the emergency be rescinded and re-instated afterwards. Judges aren't stupid, nor are they robots.
- jandrewrogers 7y ago
  It absolutely will fly. There are centuries of Supreme Court precedent on this very topic in the US, sometimes under difficult circumstances. Some rights cannot be circumscribed under any circumstances regardless of consequences except in very narrow ways, there are no exceptions for emergencies. The right to travel freely within the US is recognized as one such right. That's like telling Americans that we'll temporarily ban free speech or ban guns -- it isn't negotiable to a large portion of the population and, furthermore, States have considerable power to make any such bans unenforceable. The few historical examples where the courts let enforcement of elementary rights slide for a bit due to "emergency" are almost universally national embarrassments because of the abuses that followed. Judges aren't keen to be named and shamed as one of those people that let that happen for the sake of expediency. Maybe in other countries but not in the US. It is a fundamental misunderstanding of how individual rights work in the US.

3 ms·

It is fiction, but the actual court cases its based on happened and I think the court will have a very tough decision if someone tries to shutdown interstate tr

by protomyth 7y ago

jacquesm 7y ago
I don't think that will fly. Emergencies trump the law. Hence the term 'emergency powers'. It is an illusion to think that given the choice of upholding old law that was not made with those circumstances in mind or letting a bunch of people die needlessly that the law would prevail unchanged. What will happen is that the law will pending the emergency be rescinded and re-instated afterwards. Judges aren't stupid, nor are they robots.
- jandrewrogers 7y ago
  It absolutely will fly. There are centuries of Supreme Court precedent on this very topic in the US, sometimes under difficult circumstances. Some rights cannot be circumscribed under any circumstances regardless of consequences except in very narrow ways, there are no exceptions for emergencies. The right to travel freely within the US is recognized as one such right. That's like telling Americans that we'll temporarily ban free speech or ban guns -- it isn't negotiable to a large portion of the population and, furthermore, States have considerable power to make any such bans unenforceable. The few historical examples where the courts let enforcement of elementary rights slide for a bit due to "emergency" are almost universally national embarrassments because of the abuses that followed. Judges aren't keen to be named and shamed as one of those people that let that happen for the sake of expediency. Maybe in other countries but not in the US. It is a fundamental misunderstanding of how individual rights work in the US.