Teleforum

First appearing in a 1949 dissent authored by Justice Robert H. Jackson, the phrase “the Constitution is not a suicide pact” is being cited today by critics of perceived government overreach. Local, state, and federal authorities have directed citizens to self-isolate to prevent the spread of COVID-19, causing the biggest economic shutdown in modern history. Part of the effort to “flatten the curve”, these initially voluntary quarantines are quickly becoming legal mandates in certain states (and nations across the world). In California and New York, people violating stay-home orders for non-essential activities have been ticketed and cited with misdemeanors. Is there a point at which these restrictions on travel and assembly violate the rights inherent in America’s constitutional order? Many legal scholars agree the chief executive has quasi-wartime powers during national pandemics, but is there a limiting principle or expiration date? Join Professors Richard Epstein and Anthony