Here’s what we’re reading today as we enter a long weekend (who can tell?):
- “Real Liberty,” Vaccination, Plague, Police Power and Takings,” from ALI-CLE’s blog and The Practical Real Estate Lawyer. ALI-CLE was kind enough to reprint an earlier blog post of ours. Here’s a printable pdf.
- “Business re-opening limbo is on Fed’s radar as necessity for closures lessens” by Gina Mangieri at KHON. She and I chatted earlier this week about the obligation of government officials to protect the public health, while at the same time preserving, protecting, and promoting the right of property. Even if a court applying current doctrine won’t closely scrutinize most of these emergency orders doesn’t mean that officials don’t have an obligation to draw any measures as narrowly as possible, and reevaluate them frequently.
- “Department of Justice Files Statement of Interest Challenging the Legality of Illinois Governor’s Sweeping COVID-19 Orders.” A press release from the DOJ. Related to the second item, above. The federal government’s role in what is in large part a state issue is becoming more of a question on everyone’s mind these days. This sounds more like a “suggestion” and guidelines, than actual rules.
- “Mooney’s mistake (Coase & COVID-19)” from Professor E.J. Guerra-Pujol’s blog. Because what would your weekend be without a little law and economics, and a “Coasean approach.” Worth reading.
- And finally, “Owners of COVID-19 sites that haven’t opened asking the state for millions in rent.” Apparently, Illinois commandeered property for alternate care sites for treating coronavirus victims. But renovations on these sites have not yet been completed yet, and might not be needed (let’s hope), even though patients were housed there. The state has now filed eminent domain lawsuits. The story quotes our Illinois colleague Michael Ryan.
Now back to work.