Justice Delayed in the COVID-19 Era: Injunctions, Mootness, and Religious Freedom in the United States Legal System

Karen McGuffee, Tammy Garland and Sherah L. Basham ()
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Karen McGuffee: Department of Social, Cultural, & Justice Studies, University of Tennessee Chattanooga, Chattanooga, TN 37402, USA
Tammy Garland: Department of Social, Cultural, & Justice Studies, University of Tennessee Chattanooga, Chattanooga, TN 37402, USA
Sherah L. Basham: Department of Social, Cultural, & Justice Studies, University of Tennessee Chattanooga, Chattanooga, TN 37402, USA

Laws, 2025, vol. 14, issue 4, 1-16

Abstract: The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises.

Keywords: COVID-19; injunctions; religious freedom; U.S. Supreme Court (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
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