Writing for the “Covid-19 and the Social Sciences” series, Jonathan S. Hack and Cole Edick examine the deference of the judiciary toward other branches of government during crises, such as the ongoing pandemic. How deferential will courts be toward broad government action by executives and legislatures that restrict rights and liberties in the name of ensuring public health and safety? Pointing to historical precedent and recent coronavirus-related cases brought before the judiciary in the United States, they argue that courts are likely to act as legitimating agents that promote and expand state police power in times of crisis.
Jonathan S. Hack
Jonathan S. Hack is the program officer for the Anxieties of Democracy program at the Social Science Research Council. Prior to join the SSRC he was a statistician at Harvard Law School assisting faculty and administrators with empirical research, survey design, and data analytics. Jonathan received his PhD in political science from the George Washington University in Washington, DC, where he focused on judicial decision-making, exploring whether judicial selection mechanisms (whether judges are appointed or elected) influence their behavior on the bench. When not at work, he can be found gallivanting about with his children, testing new recipes in the kitchen, or on the bike trail.