THIS IS CORRECT, I THINK: Contagion And The Right To Travel. “Governors and state public health officers will use every arrow in their quiver to stem the spread of the novel coronavirus. That much is clear. Some of these actions will inevitably raise honest concerns about civil liberties, and Americans should endeavor to debate the wisdom of government policy even amid a crisis to hold government actors accountable and protect constitutional values. However, the simple reality is this: federal courts will not enjoin temporary measures that are facially calculated to save lives.”
I believe this analysis is correct. There’s a lot of caselaw out there, actually, and although most of it is quite old — because we haven’t faced serious epidemics or pandemics in a long time — I think the cases are still good law. I am somewhat surprised by people who seem to think these issues have never arisen before.