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Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.
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This is so timely. In Illinois, there was an effort to create, by administrative rule, a rebuttable presumption that anyone who got COVID-19 got it in the course of his/her employment. The outcry was immediate and overwhelming. Doing this by rule had the effect of amending the statute without legislative input. I sit on the Joint Committee on Administrative Rules, which reviews such things, and my inbox exploded. Finally, our Retail Merchants and Manufacturers’ Associations filed suit and the rule was rescinded. The issue hasn’t gone away, but now it’s back in the Legislature (if we ever reconvene), where it belongs. Thanks to Troy and Richard for a very good discussion of this, I’ve forwarded a link to our staff and to the point legislator in our caucus on this issue. Richard is a treasure, I think he should be wrapped in bubble wrap and fed through a straw to keep him safe.