Who knows what the courts will do, other than they seem to defer to outside when under declared emergency. They don’t peek behind the curtain.
The caswe has appeared as a cite in many of the WuFlu cases. The governments cite it for the proposition that many deprivations are justified on belief of “for the greater good.” It’s all very amorphous, but the courts are the last place I’d look to for protection of individual rights, except abortion and vote cheating.
When we have power drunk governors issuing edicts that deprive people of their civil liberties, including mandatory house arrest, all in the name of public health, there needs to be some push back. The Constitution can't be made conditional on the basis of pandemics and the "public good." Who decides what is in the "public good." What are the limitations?
My biggest concern is how compliant the public has become meekly accepting these infringements on their civil liberties. And frankly technocrats like Fauci have made some poor public policy decisions. Now that we have more data, it is obvious that the schools should never been shut down. And our efforts should have been far greater in securing nursing homes and assisted living facilities where 25% to a third of the deaths occurred.