The Mercatus Center at George Mason University has published my latest op-ed explaining why “non-essential” employees and business firms must be paid just compensation–not loans or handouts. The logic of my argument relies on the leading case of Kelo v. City of New London, in which the Supreme Court interpreted the “public use” requirement of the takings clause very broadly. Although Kelo was a controversial decision when it was decided in 2005, it supports my argument that coronavirus lockdowns promote a public purpose and thus trigger the taking clause.
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