HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Monday, July 19, 2021

Individual Liberty, Public Health, and the Battle for the Nation’s Soul

Scott Burris (Temple University), Individual Liberty, Public Health, and the Battle for the Nation’s Soul, The Regulatory Review (June 7, 2021) https://www.theregreview.org/2021/06/07/burris-individual-liberty-public-health-battle-for-nations-soul/:

This essay examines the legacy of the US Supreme Court case Jacobson v. Massachusetts in the context of the COVID-19 pandemic. The author contends that the vision set by Jacobson — one of coexistence and cooperation in a democratic commonwealth — is in jeopardy as courts in recent COVID-19 constitutional cases have unveiled a new view based less on the social contract than on a strong form of libertarianism.

https://lawprofessors.typepad.com/healthlawprof_blog/2021/07/individual-liberty-public-health-and-the-battle-for-the-nations-soul.html

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