Commentary The judges are finally doing their jobs again. In August, I penned a column lamenting that in COVID-19 cases the courts seemed have gone AWOL. The sole exception was the Supreme Court’s 2020 decision in Roman Catholic Diocese of Brooklyn v. Cuomo (pdf), which blocked New York State closure rules discriminating against houses of worship Otherwise, courts were deferring to government mandates, often relying on the old case of Jacobson v. Massachusetts (pdf) without regard to whether Jacobson was really a good authority for COVID-19 restrictions. But now the federal judiciary is pushing back against the Biden administration’s contempt for liberty, the Constitution, and the rule of law. On Aug. 26, the Supreme Court decided Alabama Association of Realtors v. Department of Health and Human Services (pdf). The Centers for Disease Control and Prevention (CDC), purportedly relying on a law that authorizes actions such as fumigation and disinfection, sought …