Duffy Prof @YaleLawSch & prof History @Yale. New Haven Harbor fly fishing. Connecticut country farming. Tweets legal history and occasionally baseball.
Nov 26, 2020 • 6 tweets • 1 min read
Short thread on Cuomo case at the Court yesterday, with some history: (1) the per curiam opinion doesn't even try to do the necessary public health analysis; there is only a spurious shifting of the burden to the state and then a change of the subject (per curiam, pp. 5-6). 1/6
What does it even mean that per curiam and concurrences make snide comparisons to liquor stores and bike shops w/o even taking up the state’s (and the dissenters’) straightforward observation that the public health considerations in such settings are so obviously different? 2/6
