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Thursday, Jun 4, 2020

Is it unconstitutional for states to close businesses during COVID-19?

Dan Fitzgerald, Gigafact Foundry
no

The 10th Amendment gives states broad powers to impose restrictions when there is a justifiable public interest. In an often-cited 1905 decision in Jacobson v. Massachusetts, the Supreme Court upheld the state's requirement for mandatory smallpox vaccination. Courts have typically acceded to public health restrictions similar to those imposed by states and local governments during the 2020 coronavirus pandemic.

The American Bar Association notes the current pandemic may present some unique questions. Measures to restrict interstate travel for health reasons, for instance, haven't been common. Public health authorities and officials have wide latitude but may face continuing court challenges. "Judicial review, guided by the Constitution and Supreme Court precedents, will have the last word," the ABA said.

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