CONSTITUTIONAL LONG HAULERS: The Undiagnosed Long-Term Impact of Judicial Review on Emergency Public Health Orders

ABSTRACT

[...]litigation over public health orders (COVID-19 litigation) reveals important questions surrounding separation of powers, lawful delegation of authority, and the judiciary's role in ensuring against encroachments by the co-equal branches of government onto constitutional guarantees. [...]we improve public confidence in a system whose goal it is to keep the public safe while protecting individual and collective liberty. [...]both of these concerns are complicated by the expediency of the litigation and disputes over the deference allowed to government officials managing the crisis. [...]there appears emerging efforts at the state level to establish legislative oversight over executive powers.12 In the alternative, lawmakers may create more robust administrative procedures to control the governmental decision-making, including judicial review.