The author thanks Lad Boyle, Ari Glogower, Daniel Hemel, Greg Polsky and Steve Rosenthal for discussion and feedback. He also thanks Madison Rinehart for assistance with research, and Matthew Reade and his colleagues at the University of Chicago Law Review for their attentive editing. Other work by the author is available here.
When the CARES Act was signed into law in late March 2020, it looked to be an appropriately extraordinary legislative response befitting the extraordinary public health and economic challenges presented by the COVID-19 pandemic.
The author wishes to thank Rick Garnett and Zachary David for helpful comments.
It was only a matter of time before the Supreme Court would have to issue a decision on a church’s challenge to a state’s stay-at-home orders.
