Quote:
Originally Posted by PaceAdvantage
And who, exactly, determines if the government (in this case, the state) has a rational basis for shutting down businesses?
At the beginning of a pandemic, sure, it's tough to make the argument the state is not acting rationally.
How about a couple of months later? How about 5-6 months later?
Who is the arbiter of such conflicts?
I'm thinking that you aren't thinking this through.
You mention precedent a LOT in our discussions about this matter.
However, how much precedent exists for what we are going through today?
When was the last time large swaths of the economy were shut down for extended periods of time by state governors? Can you remember any? Due to a pandemic?
How much precedent REALLY exists for something like this?
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When you are under rational basis review, the government always wins, PA.
Using the courts is a fantasy. If someone has a religion claim, fine, they are open for that. But everyone else is losing their suits. There's really not much constitutional protection for operating a business in a pandemic. These cases are losers.
