A New Era of COVID Litigation and Religious Liberty

As the pandemic stretches on, a new era of COVID-19 litigation has begun. At first, America's pandemic litigation followed a familiar script: Religious worshippers, business owners, and anti-government populists protested against public-health orders, and asked courts to either declare them exempt or scrap the orders altogether. This time, state governments are blocking public-health measures, and plaintiffs are asking courts to force their states to protect them.