Re:Germany tries to stop U.S. from luring away firm seeking ...
by jandrewrogers on Sunday March 15, 2020 @02:47PM
(#22585622)
Except that they did not institute a travel ban after 9/11. They temporarily suspended air travel in order address manifest safety and security deficiencies in the US air travel system. The FAA has grounded fleets many times under similar authority. The highways were still open.
That is a very different legal authority than de facto blanket bans on free movement of Americans, which is expressly disallowed by the Constitution. This has actually been adjudicated several times in the Supreme Court, which has consistently rejected attempts by the government to use regulatory technicalities to deprive people of their right of free movement via common modes of transportation even subject to due process.
This is not new territory, there is extensive court precedent surrounding the right of free travel in the US. It is on the same tier of right as freedom of speech in the US.
That is a very different legal authority than de facto blanket bans on free movement of Americans, which is expressly disallowed by the Constitution. This has actually been adjudicated several times in the Supreme Court, which has consistently rejected attempts by the government to use regulatory technicalities to deprive people of their right of free movement via common modes of transportation even subject to due process.
This is not new territory, there is extensive court precedent surrounding the right of free travel in the US. It is on the same tier of right as freedom of speech in the US.