Harvard Law Prof Cass Sunstein has this interesting insight about the Cuomo Case:
"I offer two arguments here. The first is that because of the serious health effects of the
pandemic, and because of the plausibility of a plea for judicial respect for complex choices by
elected officials, Roman Catholic Diocese[v. Cuomo] can reasonably be seen as a kind of anti-Korematsu –that is, as a strong signal of judicial solicitude for constitutional rights, and of judicial willingness to protect against discrimination, even under emergency circumstances in which life is on the line."
Sunstein is on to something here. We always overreact in times of crisis and fear. Pearl Harbor, 9/11, Covid. But fundamental liberties should not be sacrificed on the altar of fear. It seems that SCOTUS finally got the memo.
No comments:
Post a Comment