Biden will need to convince the country, and thus the Court, that we are still in a real crisis.
NRPLUS MEMBER ARTICLE
he history of the United States, insofar as concerns the vitality of civil rights in times of crisis, can be summed up succinctly. While a crisis ensues, when there is a real perception of threat to our security, the courts give the executive a wide berth.
They don’t exactly turn a blind eye. It’s more like slow-walking. Cases claiming infringement of fundamental liberties may be rushed into the justice system during a crisis, but courts will proceed cautiously.
Sometimes they’ll wait to issue rulings until the security threat has passed. In the heat of the Civil War, for example, when President Abraham …