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I keep hearing people assert this, but never seem to provide a legal explanation of how it would work. My understanding is that the US has upheld the longstandi

I keep hearing people assert this, but never seem to provide a legal explanation of how it would work. My understanding is that the US has upheld the longstanding use of the police power to preserve health, safety, and the general welfare. I’m curious what you think the court’s rationale would be. I guess I have a hard time believing either that the court would entertain the idea that the county has no legitimate interest in its residents’ welfare, that they would reject legal precedent older than the US constitution, or that they would take up a challenge based on a factual disagreement about epidemiology. My mind is open to a reasoned legal argument!

geggam 6y ago
How does a great depression level event benefit society ? When you tell everyone to stay home its not an individual you are impacting. You are damaging the entire social structure to prevent damage to the social structure. Is the cure worse than the disease ? Prove the disease is worse because you are supposed to have due process to remove rights.
- peatmoss 6y ago
  This doesn’t really address my question. I’m not spoiling for an argument over what you think is the right course of action. I’m curious about why the court would second guess the decision making of the county. Let’s for the sake of argument say I thought that the county’s decision were silly. Governments do things that some people think are silly all the time. Yet, the court intervenes only in very few specific cases, under a very carefully chosen set of circumstances.
  - jlbnjmn 6y ago
    Not a lawyer. Tesla competes with GM, Ford, etc. Tesla is not a local business. Tesla's primary trade is interstate commerce. Court may decide the county is unfairly restricting Tesla and giving an unfair advantage to competitors. Also, while I've been happily self isolated for two months and plan to continue, I don't believe that many of these restrictions would be upheld if challenged in court. Why can a Target stay open and sell non-essential merchandise while a competitor that doesn't also sell groceries can't? To be fair, Target and Wal-Mart would need to have ceased selling non-essentials. But then the government is deciding what is and isn't an essential good... Which is why I don't think it would/will hold up. Thankfully, people with the jobs/means to stay home actually staying home has relieved some of the pressure, so restrictions can be lifted without actually causing everyone to rush to the bar or sports event.
    - Talanes 6y ago
      The vast majority of auto-manufacturing isn't opening for another week. It's hard to believe he's at a disadvantage when Michigan hasn't opened their plants either.
  - geggam 6y ago
    But it does point out the fact we are doing damage to prevent damage. The curves do intersect and likely already have
DenisM 6y ago
It may suit public safety to indiscriminately handcuff every citizen, and we have the constitution to prevent that outcome. Confining everyone to their homes is hardly different in that regard. Specifically the fourth amendment stipulates that the application of the law must well-justified, well-focused, and procedurally sound. In addition the first amendment guarantees freedom of assembly, which makes orders to disperse unsound.

geggam 6y ago

How does a great depression level event benefit society ? When you tell everyone to stay home its not an individual you are impacting. You are damaging the entire social structure to prevent damage to the social structure. Is the cure worse than the disease ? Prove the disease is worse because you are supposed to have due process to remove rights.

peatmoss 6y ago
This doesn’t really address my question. I’m not spoiling for an argument over what you think is the right course of action. I’m curious about why the court would second guess the decision making of the county. Let’s for the sake of argument say I thought that the county’s decision were silly. Governments do things that some people think are silly all the time. Yet, the court intervenes only in very few specific cases, under a very carefully chosen set of circumstances.
- jlbnjmn 6y ago
  Not a lawyer. Tesla competes with GM, Ford, etc. Tesla is not a local business. Tesla's primary trade is interstate commerce. Court may decide the county is unfairly restricting Tesla and giving an unfair advantage to competitors. Also, while I've been happily self isolated for two months and plan to continue, I don't believe that many of these restrictions would be upheld if challenged in court. Why can a Target stay open and sell non-essential merchandise while a competitor that doesn't also sell groceries can't? To be fair, Target and Wal-Mart would need to have ceased selling non-essentials. But then the government is deciding what is and isn't an essential good... Which is why I don't think it would/will hold up. Thankfully, people with the jobs/means to stay home actually staying home has relieved some of the pressure, so restrictions can be lifted without actually causing everyone to rush to the bar or sports event.
  - Talanes 6y ago
    The vast majority of auto-manufacturing isn't opening for another week. It's hard to believe he's at a disadvantage when Michigan hasn't opened their plants either.
- geggam 6y ago
  But it does point out the fact we are doing damage to prevent damage. The curves do intersect and likely already have

DenisM 6y ago

It may suit public safety to indiscriminately handcuff every citizen, and we have the constitution to prevent that outcome. Confining everyone to their homes is hardly different in that regard. Specifically the fourth amendment stipulates that the application of the law must well-justified, well-focused, and procedurally sound. In addition the first amendment guarantees freedom of assembly, which makes orders to disperse unsound.