Tuesday, November 02, 2021

Has the Supreme Court been infected with long Trump syndrome?

Andrew Koppelman

If you’re not a physician, don’t rely on your own medical research. Sounds simple, no?  But certain people sometimes must rely on their own guesses: federal judges. They don’t circulate their decisions before they announce them. So it’s hard for them to catch medical errors in their work.

You might infer that judges shouldn’t make public health decisions. Three Supreme Court justices disagree. They are flirting with making antivaxxer resistance a constitutional right.  I explain in a new piece at The Hill, here.

I here acknowledge that the best line in the piece, "Human sacrifice is protected as long as it is actuarial," was made in conversation by Univ. of Virginia Prof. Micah Schwartzman, who kindly read a draft.  I swiped it.

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