A major pro-life victory in the Fifth Circuit today, courtesy of Judge Kyle Duncan. https://assets.documentcloud.org/documents/6827269/Texas-ca5-2020-04-07.pdf
This is an excellent opinion — strongly recommended for anyone seeking to understand how, amidst an epidemic, state police powers interact with constitutional rights (or, as the case may be here, “rights”).
"The bottom line is this: when faced with a society-threatening epidemic,
a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some 'real or substantial relation' to the public health crisis ...
… and are not 'beyond all question, a plain, palpable invasion of rights secured by the fundamental law.’"
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