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impractical in a pandemic. See Emanuel et al., supra note 1, at 4. See, e.g., FAQ for DHHS Omnibus EO, N.C. Off. Governor 1 (Apr. 9, 2020), https
positions to formalize their systemic advocacy work. These actions should promote the long-term participation of directly impacted community members. 9
SCOTUSblog (Apr. 30, 2015, 9:47 AM), http://www.scotusblog.com/2015/04/symposium-when-strict-scrutiny-ceased-to-be-strict http://perma.cc/9QTJ-8MEM
9. See Laurence H. Tribe, Toward a Syntax of the Unsaid: Construing the Sounds of Congressional and C… See Laurence H. Tribe, Toward a Syntax of the
146-96; see, e.g., Hawaii Const. art. XI, § 9 (“Each person has the right to a clean and healthful environment, as defined by laws relating to
2021 372 with the myriad of granular legal dictates6—for example, maximum hospital ca- pacity limits,7 staffing requirements,8 diet dictates,9
Arlene’s Flowers Story, Seattle Times (Nov. 9, 2015), http://www.seattletimes.com/opinion/why-a-good-friend-is-suing-me-the-arlenes-flowers-story http
not as a “‘prudential’ requirement that we have invented,” but as “an essential element of an Article III case or controversy.”9 Moreover, Justice
interviewees, see supra note 9. 98. This sample is larger than the sample I use in Part IV because of the exclusions noted in Subsection IV.A.1
children’s lives should be valued by society,”8 as law has the power to “shape multiple aspects of children’s lives.”9 Theirs is thus a top- down