Re:CDC says U.S. gatherings of over 50 people should be put off
by slipheen on Sunday March 15, 2020 @09:42PM
(#22588836)
Supreme count precedent only matters once a court case makes it to court.
Until then, the President of the United States can make an order, and if it is enforced by local authorities, it's defacto legal for the duration.
Re:CDC says U.S. gatherings of over 50 people should be put off
by jandrewrogers on Sunday March 15, 2020 @09:46PM
(#22588882)
Not at all. Violating well-established legal precedent that has already been reviewed by the Supreme Court is an easy basis for the courts to place an immediate injunction of the effects of those orders.
This happens in many other contexts, there is no reason to believe it wouldn't happen here.
Re:CDC says U.S. gatherings of over 50 people should be put off
by JamesBarney on Sunday March 15, 2020 @10:19PM
(#22589115)
There is one big reason why the supreme court wouldn't overrule a quarantine order.
I think people are also conflating what the Federal government can do, which is very little, and what local governments can do, which is considerably more. Broadly speaking, the Federal government operates in an "advise and support" role, the legal authority resides with the States and localities. This is an example of where State sovereignty becomes very obvious. But even with the States exercising their broader powers, they are still restricted from violating fundamental Constitutional rights like freedom of speech, assembly, travel, etc.