Public Health: The Vast Constitutional Blind Spot

Source: The American Conservative
by Jason Garshfield

“Over the past year and a half, judges of all ideological bents have proven themselves startlingly willing to affirm pandemic-based restrictions on personal liberty. … The justification for all this, cited repeatedly by judges and legal scholars, is the broad power of governmental authorities to implement restrictions in the name of ‘public health,’ a term which, as currently understood, is so vague that it can be used to serve virtually any agenda. This indefiniteness was in evidence when thousands of health professionals deemed ‘racism’ a public health crisis sufficient to loosen social distancing protocol for Black Lives Matter protests in mid-2020, while specifically excluding ‘protests against stay-home orders’ from this exemption. If the pretense of public health can be used to circumvent the First Amendment guarantee of viewpoint neutrality for public demonstrations, then there is nothing it cannot do.” (09/09/21)