Justice Alito's Federalist Society speech is a good time to recall that gov't regulations to prevent spread of infectious diseases go back to the founding of the U.S. and indeed the establishment of the modern state. 1/4

 

In 1824 Chief Justice John Marshall observed what everyone knew to be true: The power of states encompassed “inspection laws, quarantine laws” and “health laws of every description"; the "constitutionality of such laws," he noted, "has never . . . been denied.” 2/4

— John Fabian Witt (@JohnFabianWitt) November 13, 2020

The emerging FedSoc narrative about the history of public health authority in the U.S. is a fantasy. 4/4

— John Fabian Witt (@JohnFabianWitt) November 13, 2020