Would this pass the bar? Certainly. We have historical evidence that homelessness during a pandemic significantly increases death and spread of disease.
Would this pass the bar? Certainly. We have historical evidence that homelessness during a pandemic significantly increases death and spread of disease.
Wait, is that the argument that the CDC should be given full authority to decide what needs to be done to protect against the disease, or that the courts should supervise not just on whether the action is authorized, but also effective at the stated goal?
A court has to care at least a little bit about effectiveness of the measure... doesn't it?
Your confidence in the court system to properly constrain the reach of what is supposed to be a limited government is not well-founded.
> We have historical evidence that homelessness during a pandemic significantly increases death and spread of disease.
Again: The remedy isn't what's primarily in dispute here. It's the systemic repercussions of allowing such reckless overreach. These repercussions will almost certainly fall more on the poor and poorly-connected.
Our system of civil justice and liberty isn't meant to withstand such centralized decision-making.
What a ridiculous sentiment. This is literally one of the worst pandemics in a century with nearly a million dead officially and we're arguing in semantics.
If you think the court system can't stop authoritarianism then what's the point of our system? We literally have the president being able to do EO, how is this any different?
So you assume that states wouldn't follow CDC recommendations? It seems to be for you it is not an issue of laws. It is just there is your tribe that you support and CDC is a part of it, and a tribe you don't support (those evil red states). And of course you would like CDC to take power away from them no matter how much people support their own state government.
It is not that different. The federal encroachment and the power creep of the executive branch are real issues.
The CDC is OUR Center for Disease control, what does that mean to you? Shouldn't we listen to the guys specialising in disease control while trying to control the disease from spreading?
or that leaders of the CDC make unilateral decisions without consulting anyone else?
Why do you think CDC is a single entity?