Shelter-in-Place Orders Are Perfectly Legal

(This op-ed was first published in The New York Times on April 29, 2020.)

Supreme Court precedent comes down on the side of state and local governments.

Professor Bernadette Meyler

While most Americans are staying home to stem the spread of the coronavirus, some companies and politicians have been busy mounting legal challenges to the variety of shelter-in-place orders imposed throughout the country. Attorney General William P. Barr threatened to support the plaintiffs and told federal prosecutors on Monday to “be on the lookout” for unconstitutional restrictions.

The lawsuits claim, in part, that state and local governments have deprived the plaintiffs of economic and property rights protected by the Constitution. More suits may follow, and if they are successful, state and local governments could be forced to pay millions, or even billions, of dollars in damages. Fortunately, the governments have a compelling defense.

(Continue reading the op-ed on The New York Times’ page here.)