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Re: Trump's Restart Plan

Posted by AlM on Sat Mar 28 11:34:53 2020, in response to Re: Trump's Restart Plan, posted by Easy on Sat Mar 28 11:06:06 2020.

IMO we shouldn't be doing anything constitutionally questionable to stop the spread of the virus.

But there definitely are unresolved constitutional issues.

What does "freedom of assembly" really mean? Does it just mean that there must be some way that people can assemble, so that they can plan political actions, for example? If so, the existence of Zoom would mean we have freedom of assembly.

Or does it mean that any kind of assembly must be allowed? Probably not. The courts have allowed "maximum 500 persons in this theater" restrictions for safety reasons. So is "maximum zero persons may linger in this restaurant" allowed for safety reasons? Probably.

Similarly, a political rally is probably prohibited unless people keep 6 feet from each other. There is a scientific basis for that rule, so it's probably OK, but who knows what the Supreme Court might eventually say.

Having said all that, stopping cars with NY license plates but not CT license plates sounds dubious. Plenty of people with CT license plates are infected. So there is no reasoned justification behind only stopping the NY cars.



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