A new, wide-ranging criticism of state and federal COVID mitigation measures blurs the critical distinction between inherent executive emergency power and exercises of delegated legislative authority
One thing I never understood about the use of Title 42 in the first place is that Section 265 talks about the INTRODUCTION of a communicable disease. By the time it was invoked, that bird had flown the coop. It seems possible that the dangers of "transmission" also mentioned flowed rather TO the immigrants than from them. Did anyone ever do a study of whether and how many the border crossers brought Covid into the country, as opposed to catching it here?
You don’t know what chagrin is. I was interested in reading your exquisition until I encountered your misuse of the word “chagrin.” Struggling to understand what you meant broke the reading flow. The misuse of this word is becoming common, but it is inexcusable and casts doubt on your analysis. You use words you don’t know the meaning of, and to make it worse, you did it in a parenthetical comment. That’s just sloppy.
Without the failure, shame, or embarrassment part there is no chagrin, don’t you see? Look up examples of its use, not just the definition. Perhaps you might check with a better reference than Collins.
> I don’t think it is remotely controversial that, among numerous other examples, slavery represented a greater intrusion on civil liberties
This is a guess, but I suspect Gorsuch would say: Slavery was a worse violation of *human* rights - - and it's to our shame that it wasn't a violation of US *civil* rights at all.
In other words, slavery didn't violate any *civil* rights protected under our law. That's a failure of our law, more fundamental than when our officials violate civil rights.
It's a weird, but coherent distinction to make: It seems Gorsuch was focused on officials violating our *legally-protected* rights...During peacetime specifically.
Wanted to join but notice said I was leaving Apple and going to third party developer and giving credit card etc. no can do. Would like to subscribe but want security and ease of Apple subscriptions to join and end subscription.
Thoroughly enjoyed reading Shadow Docket. Thanks for shining a light on such an important (and at least for me, largely incomprehensible) topic. I especially appreciated your analysis of how these decisions relate directly to questions about the Court’s present and future legitimacy.