American Lessons: The COVID-19 Pandemic and the US Supreme Court

Abstract

AbstractEver since the outbreak of the COVID-19 Pandemic in America in March 2020, several US states imposed harsh measures to combat the pandemic. Such state measures have at times seriously violated human rights, such as freedom of religion or freedom of movement. This chapter attempts to look at how the US Supreme Court has responded to the pandemic and reviewed several state measures over the past couple of years through selected cases on freedom of religion and compulsory vaccinations. We particularly look at its views on the role of the judiciary during the crisis, the scrutiny applied on human rights violations, as well as whether changes in the Court’s composition during the Trump Era have in fact influenced its judicial reasoning. Overall, has the COVID-19 pandemic had an impact on judicial review and the Court’s role? If so, how?KeywordsUS Supreme CourtCOVID-19First amendmentFreedom of religionCompulsory vaccinationsPandemicJudicial deferenceJudicial scrutinyPolice power