Americans Are Suing to Protect Their Freedom From Infection

As the pandemic stretches on, a new era of COVID-19 litigation has begun. At first, America’s pandemic litigation followed a familiar script: Religious worshippers, business owners, and anti-government populists protested against public-health orders, and asked courts to either declare them exempt or scrap the orders altogether. This time, state governments are blocking public-health measures, and plaintiffs are asking courts to force their states to protect them.

The first round of COVID-19 litigation began in March 2020, as states scrambled to control the rapidly spreading coronavirus. During this period, states ordered businesses and religious institutions to close, limited gatherings, banned elective medical procedures, and in some instances, blocked interstate travel..