Expect to hear those words a lot in the coming weeks in discussions of the business lockdowns that have slowed economic activity in the U. S. Also “just compensation” and “overly broad”.
States definitely have the authority to close businesses for public health reasons. To the best of my knowledge whether they have the authority to close most businesses for an indefinite period for an insufficiently tailored purpose without just compensation is untested.
If the lockdowns don’t bring the society to its knees, the lawsuits over the lockdowns will.
How would lawsuits work?
The government’s ability to pay damages comes from taxing the very people who would be suing the government.
Literally the sequence would be sue; get 1 million in compensation; followed by a tax bill of 1 million to finance the payout by the government.
You cannot draw blood from stone….
I think the Illinois Governor’s threat to take action on business licenses of those not following his emergencies order is possibly the most insane thing he has done. State licenses are issued/revoked based upon pre-existing legal standards, almost never discretionary and frequently subject to judicial or quasi-judicial review. I assume he’s bluffing, but that doesn’t mean he hasn’t eroded the predictability of state political institutions with his flailing.
Some of the strong arm tactics employed by some state governors is a recipe for civil disobedience.
The same way as all lawsuits for government wrongdoing do.
It would vary by state. In the case of Illinois I would think that the shortest distance between two points would be to sue Pritzker personally for losses incurred after the 30 day statutory period for his emergency powers, arguing that after 30 days he was no longer engaged in his official duties but violating the law. I would think a class action lawsuit claiming $10-20 billion in damages would get his attention.
PD:
I think that Pritzker’s actions to date make a prima facie case that he’s a dolt.
He was elected governor, not God-Emperor.
“In the case of Illinois I would think that the shortest distance between two points would be to sue Pritzker personally for losses incurred after the 30 day statutory period for his emergency powers, arguing that after 30 days he was no longer engaged in his official duties but violating the law.”
OK, people. I want you to all stand up and applaud loudly and in unison. Combine that with term limits and you might have a shot at good governance. If you don’t approve of this you are part of the problem.