Barr& #39;s threat is notably vague on legal details, but at first blush it seems **possibly** more modest than some initial reactions suggest. (Julian& #39;s normative point here is unassailable; I& #39;m speaking only to legal theory.) 1/ https://twitter.com/normative/status/1252672221480353793">https://twitter.com/normative...

Barr *seems* to be talking about filing statements of interest in existing civil suits by private parties: "If [DOJ] believes a governor has & #39;gone too far& #39; and is sued as a result, then & #39;we file a statement of interest and side with the plaintiffs& #39;" 2/ https://talkingpointsmemo.com/news/barr-open-doj-going-after-governors-stay-at-home-orders-too-far">https://talkingpointsmemo.com/news/barr...

There& #39;s obvious resource implications, so it& #39;s not hard to imagine cases where this could make a real practical difference. But it& #39;s not obvious it would entail the claim of an *independent* legal right to stop shutdowns that private parties couldn& #39;t already raise. 3/

which is I think where our spitballing conversation last week landed in this thread--i.e., AG filing claims *in court* to enforce DCC--though I& #39;d be interested in takes from others on whether that seems right. (Again stipulating reporting is sketchy.) 4/4 https://twitter.com/petermshane/status/1250442865030938624?s=20">https://twitter.com/petermsha...