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14 Apr 2020, 9:00 pm by Joanna L. Grossman and Mary Ziegler
  This purported to be an interpretation of Governor Greg Abbott’s executive order (GA-09) that imposed a variety of restrictions in order to preserve hospital capacity for COVID-19 patients, which itself followed a more general declaration of a state of emergency. [read post]
9 Apr 2020, 7:51 am by Robert Chesney, Steve Vladeck
We’ve got a fascinating Fifth Circuit decision, In re Abbott, that raises complex doctrinal questions about how to reconcile the compelling state interest in public health during a pandemic with individual rights claims (in this case abortion rights, but there are plenty of other possibilities), and what the right reading of Jacobson v. [read post]
27 Mar 2020, 10:16 am by Michael Lowe
  State System The state and federal systems differ on how people are able to retain their freedom after being arrested and pending trial. [read post]