Column: Here's what's wrong with Gov. Newsom's stay-at-home order: It's a legal mess (via latimesopinion)
There is little doubt about the overall wisdom of Gov. Gavin Newsom’s response to the coronavirus pandemic: On March 19, he ordered Californians to stay home for everyone’s good.
This is the doctrine of strict scrutiny, which law professors like to call “strict in theory, fatal in fact” because it is so difficult for the government to satisfy. Meanwhile, police departments throughout the state have moved to reassure citizens that they actually don’t intend to enforce the order, which provides for misdemeanor violations or fines for those who don’t obey. Sound public policy perhaps, but there’s something wrong with a law that the police say they won’t enforce from the start.
We can look, for instance, to New Jersey’s “abundance of caution” efforts in 2014 to quarantine a nurse who it believed had been exposed to the Ebola virus. She sued after being detained for three days. The courtsIt’s just been a week since Newsom sent us all home from work and play, and the governor has a strong tailwind behind his order. Along with Gov.
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