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COVID-19 and the Constitution

COVID-19 Travel Restrictions: Protecting Public Health without Eroding Civil Liberties

April 9, 2020

Times of crisis require extraordinary actions. But in these moments, the risk that our constitutional rights and civil liberties are eroded increases as well.

In this virtual briefing, we examine travel limits in response to the COVID-19 pandemic. The discussion breaks down what powers the government has to restrict entry into states and issue stay-at-home orders, and how policies should be designed to protect public health and while also safeguarding the fundamental rights critical to democratic society. 

Some key takeaways include:

  • Ability to travel is not just a convenience or important part of daily life, it is a constitutional right that the government cannot universally revoke.
  • Public health—including setting limits on travel—is an area in which state and local governments have much more power than the president and the federal government.
  • Restricting travel will not necessarily aid public health and reduce the spread of the pandemic; we need to focus on expert recommendations and should ideally enact policies tailored to the particular situation, such as robust testing and contact tracing.
  • In order to both protect public health and preserve civil liberties, it’s critical measures have a clear rationale and be narrowly tailored.
  • We’ve seen some court challenges to travel restrictions, but on a limited scale; if less socially accepted prohibitions are put into place, it could lead to more vociferous legal objections.
  • It’s vital that Americans not see the incredible encroachment on rights due to COVID-19 as the new normal. This is a novel virus that is highly transmissible and ten times more deadly than the flu. It created a perfect storm that necessitated an unprecedented response.

People

  • Speaker

    Jake Laperruque

    Jake Laperruque is Senior Counsel with The Constitution Project at POGO.

  • Guest Speaker

    Lawrence Gostin

    Lawrence Gostin is the Director of the O’Neill Institute for National and Global Health Law at Georgetown University.

  • Guest Speaker

    Elizabeth Goitein

    Elizabeth (Liza) Goitein codirects the Brennan Center for Justice’s Liberty & National Security Program.

Show Notes:

  • Watch the video of the briefing

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The Constitution Project works to combat the increasing partisan divide regarding our constitutional rights and liberties.

Related Tags

    Constitutional Principles Public Health COVID-19 Civil Liberties

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