Covid-19 and the Constitution: Should Rights be Balanced During a Pandemic?

Pepperdine University Law School

Judge Bruce J. Einhorn is a Professor at Pepperdine University Law School and a Visiting Professor at the University of Oxford. He served as a United States Federal Judge in Los Angeles for over fifteen years.


United States Federal Judge Bruce Einhorn will discuss the Constitutional issues surrounding the powers of government, the rights of individuals, and the overall “community good” that have arisen from the current coronavirus pandemic.  What is the scope of authority of the federal government and the “reserved” powers of the states regarding public health and security? What are permissible limits on economic activity and the use of public funds to help the distressed? How does the law balance lockdown orders and policies designed to protect society as a whole from the dangerous spread of highly contagious diseases and the rights of individuals (including armed individuals) to openly defy and dissent from those orders and policies. Discussion will also include the right of federal and state governments to direct and command aspects of the economy in the production of PPEs, medical research on testing, and the manufacture and sale of ventilators and other emergency care equipment.



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