How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains how the current crisis caused by the novel coronavirus reveals flaws in both America’s public health system and also in the country’s constitutional doctrines. Responding in part to Professor Michael C. Dorf’s column of March 15 urging uniform federal restrictions, Amar expresses doubt as to whether Congress’s powers under Article I of the Constitution permit imposition of such a lockdown in the first place.

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Karney v. Department of Labor & Industrial Relations

Docket: SC97833

Opinion Date: March 31, 2020

Judge: Zel M. Fischer

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

The Supreme Court affirmed the judgment of the circuit court to the extent it enjoined the State from prohibiting unobtrusive picketing about matters of public concern in negotiations for a new labor agreement with the CWA Local 6360, holding that Mo. Rev. Stat. 105.585(2)'s prohibition against "picketing of any kind" is unconstitutional, but severance of the phrase renders the provision constitutional. The circuit court enjoined the State from enforcing or implementing section 105.585(2)'s mandated prohibition against "picketing of any kind" in negotiating a collective bargaining agreement with certain public employees. In so holding, the circuit court declared section 105.585(2) unconstitutional under both the state and federal constitutions as it relates to picketing. The Supreme Court affirmed, holding (1) section 105.585(2) violates Mo. Const. art. I, 8; (2) severance of the portion of the statute prohibiting "picketing of any kind" is applicable and appropriate; and (3) permanent injunction was the appropriate remedy in this case.

State ex rel. Koehler v. Honorable Midkiff

Docket: SC98308

Opinion Date: March 31, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Court issued a permanent writ of prohibition ordering the circuit court to vacate its order sustaining Father's amended motion for temporary custody of his minor child and awarding Father temporary custody of the child without a hearing, holding that the circuit court exceeded its authority by awarding temporary custody without first conducting a hearing. After Mother filed a petition for dissolution of marriage against Father the parties filed competing motions for temporary custody of their child. Without holding a hearing on the motions, the circuit court awarded temporary legal and physical custody of the child solely to Father. Mother filed a petition for a writ of prohibition, asserting that the circuit court acted in excess of its authority. The Supreme Court granted the writ, holding that, under the circumstances of this case, the circuit court exceeded its authority by awarding temporary custody without a hearing.

Newton v. Mercy Clinic East Communities

Docket: SC97687

Opinion Date: March 31, 2020

Judge: Paul C. Wilson

Areas of Law: Medical Malpractice

The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiffs' medical malpractice action, holding that the uncontested facts showed that Plaintiffs' medical malpractice action was time barred. On appeal, Plaintiffs argued that the circuit court erred because genuine issues of material fact existed as to whether their medical malpractice action was timely because the continuing care doctrine applied to toll the two-year statute of limitations. The Supreme Court rejected Plaintiffs' argument, holding that the uncontroverted material facts established that Plaintiffs' action was time barred.