GOOD QUESTION: Should Congress Preempt Coronavirus Liability for Businesses That Reopen? “There’s an important risk-benefit analysis to be conducted when it comes to reopening institutions (as there was when it came to closing them). It’s a complicated analysis that requires considering a vast range of direct and indirect costs and benefits. I’m not sure that either the President or Governors or Congress will do a great job with this analysis. But it seems to me clear that they’ll do a much better job—both in reaching the right result and creating predictability—than would juries throughout the country deciding on a case-by-case basis whether some company’s decision to reopen was ‘reasonable.’ I also think this would be a sound use of Congress’s Commerce Clause powers.”