Tim MacDonnell Publishes Article in the South Dakota Law Review The article examines U.S. Supreme Court jurisprudence in reaction to emergencies such as natural disasters, economic crises, and epidemics.

By Law Communications
April 28, 2025

Washington and Lee law professor Tim MacDonnell has published an article in the South Dakota Law Review. The article, “The Supreme Court During COVID-19: Keeping Its Head When Those About It Were Losing Theirs,” examines the history of the U.S. Supreme Court jurisprudence related to emergencies such as wars, epidemics, natural disasters, civil unrest, and economic crises. In particular, the article looks at how the Court responded to local, state, and federal government actions to contend with the COVID-19 pandemic, including decisions related to vaccine mandates, restrictions on collective religious worship, student loan forgiveness, and moratoriums on rental evictions.

“The Court’s COVID-19 cases reflect a shift in the Court’s willingness to defer to the politically accountable branches during an emergency, particularly when the executive acts without express legislative authorization. This trend predated COVID-19 and, although uneven, suggests a greater willingness to scrutinize governmental action during an emergency. Although a reduction in deference will likely make the government less efficient in dealing with emergencies, it will also bring the courts more in line with Hamilton’s description of the judiciary’s role described in Federalist 78,” writes MacDonnell.

The article is available online at the W&L Law Scholarly Commons.

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