Abbott’s mask mandate, COVID-19 orders have the Constitution on their side

July 9, Dale Carpenter, SMU Dallas Dedman School of Law professor, for a piece that analyzes the constitutionality of Gov. Abbott’s COVID-19 orders. Published in The Houston Chronicle: https://bit.ly/3ecB5Dt

A team of biologists and statisticians at the University of Texas projects that about 4,000 Texans will have died from COVID-19 by the end of July. Nevertheless, Gov. Greg Abbott’s recent ramped-up attempts to limit the spread of the disease have drawn withering criticism and lawsuits from influential Republican activists and some business owners.

They claim Abbott has both overstepped his executive power and infringed on individual liberty by closing bars and mandating face masks in most public places. Sheriffs and local officials in a growing list of counties are refusing to enforce the mask order, in particular, on constitutional grounds. These complaints do not have a solid grounding in American legal tradition or Texas law specifically. . .

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