Narrowly Tailoring the COVID-19 Response

The greatest impact of the novel coronavirus on most of our lives has not been physiological. Rather, the impact has come from state governments’ responses to the virus. In much of the country, stay-at-home measures have shut down our lives—including our ability to continue with our employment, study, religious practice, socializing, and access to arts and entertainment. Commentary on the legality of these measures has been limited at the time of writing, but some commenters have suggested that courts might find them vulnerable on the grounds that they cannot survive heightened judicial scrutiny.