Stay-At-Home-Orders Amicus Brief (Part I)

Outlined in a five part series is a hypothetical amicus brief I wrote about government stay-at-home-orders response to Covid 19. An amicus brief is a third party opinion or point of view to a federal case. Obviously, I would take more care editing and with grammar if I submitted this to a Court. Unfortunately, I do not have the qualifications and financial resources to submit this Michigan or some other state hearing opinions about stay-at-home-orders.

Table of Contents

Table of Authorities

Cases

Statutes

Interest of Amici Curiae

Introduction

Argument

Sovereignty

Rights

Denying Rights

Rational Basis Scrutiny

National Crisis

Hierarchy of Rights

Placing Limitations on Rights

Conclusion

Form and Length Certification

Certification Regarding and Electronic Brief

Certificate of Service

Table of Authorities

I. Cases

Allgeyer v. Louisiana 165 U.S. 578 (1897)

Apodaca v. Oregon 406 U.S. 404 (1972)

Ballew v. Georgia 435 U.S. 223 (1978)

Bradwell v. Illinois, 83 U.S. 130 (1873)

Buck v. Bell 274 U.S. 200 (1927)

Calder v. Bull 3 U.S. 386 (1798)

Chisholm v. Georgia 2 U.S. 419 (1793)

Corfield v. Coryell 6 Fed. Case 546 No. 3,230 C.C.E.D Pa (1823)

Dred Scott v. Sandford, 60 U.S. 393 (1857)

Duncan v. Louisiana 391 U.S. 145 (1968)

Fletcher v. Peck 10 U.S. 87 (1810)

Korematsu v. United States 323 U.S. 214 (1944)

Meyer v. Nebraska 262 U.S. 390 (1923)

Nebbia v. New York 291 U.S. 502 (1934)

Plessy v. Ferguson, 163 U.S. 537 (1896)

Prout v. Starr 188 U.S. 537 (1903)

Schenck v. United States, 49 U.S. 47 (1917)

The Slaughter House Cases, 83 U.S. 36 (1873)

United States v. Carolene Products 304 U.S. 144 (1938)

Wickard v. Filburn 319 U.S. 111 (1942)

Williams v. Florida 399 U.S. 78 (1970)

Williamson v. Lee Optical 348 U.S. 483 (1955)

II. Statutes

Alien and Sedition Act (1798)

Agriculture Adjustment Act (1938)

Espionage Act of 1917

Northwest Ordinance of 1787

The Civil Rights Act of 1866

The Filled Milk Act

Interest of Amici Curiae

Amicus Patrick Bohan is a private citizen with no ties to any parties involved in the case. Patrick has received no funding and has no conflicting interests. Patrick’s objective is to try to find a workable solution or compromise between the Covid 19 government response and the civil liberties of United States citizens. Patrick calls his initiative the Covid 19 Coalition for Life and a Robust Economy. The principles outlined in this brief are found in Patrick’s book “Defending Freedom of Contract: Constitutional Solutions to Resolve the Growing Political Divide”.