Legal action in the form of ... what, exactly?— Steve Vladeck (@steve_vladeck) April 21, 2020
Governors have the power under their state constitutions to take these measures, and the federal Executive Branch doesn’t have the power to stop them. https://t.co/5KAWyS6Iok
#SCOTUS has regularly upheld neutral state laws that burden interstate commerce (like shelter-in-place orders) so long as the burden is not “clearly excessive in relation to the putative local benefits."https://t.co/VAH5dG7Nkt— Steve Vladeck (@steve_vladeck) April 21, 2020
Public health is quite a compelling local benefit.
And even if it were a Commerce Clause issue, the DoJ raising the issue would essentially just be asking the Court for an advisory opinion. Where's the standing!?— Nate Christiansen (@Christn077) April 21, 2020
Barr might as well have tweeted "Invoke P!"
Took me a few minutes to realize this makes Barr's position even worse:
The Enforcer speaks. https://t.co/F2IGCNJc0g— Rick Wilson (@TheRickWilson) April 21, 2020
So if some governor somewhere is holding down the "run free in the streets!" Constitutional rule after the crisis has passed (which will be when? When Trump says so? Again, he doesn't have that legal authority, and legal authority is all the courts care about), then Bill Barr'll get 'em?
You see how that's "Heads I win, tails you lose," don't you? He'll declare "victory" whatever happens. Either the governors will have become 'reasonable,' or, scared of Barr's threats, they caved.
Barr is Trump's Mini-Me, with the same backbone and sense of authority.
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