Do we open the country, or do we stay safe? Whose rights triumph?
04/30/2020
I have interacted with and read about a LOT of people who want to assert their constitutional rights to free assembly, etc. and do whatever they want to do in the face of this viral pandemic. In my State of Wisconsin, we have had some protests on this, and various talking heads opine about the Governor's restrictions and how they deny people their rights.
But, I know that in Wisconsin, the Governor has temporary extra-legal powers during a crisis and I suspect that many other states also give their guvs similar temporary totalitarian powers in order to deal with crises. We, as a country, have exerted extra-legal government authority many times since the Civil War and courts have not stepped up to prevent emergency measures in any significant way.
Sure it hurts people, but so does disease and war. My right to be protected from you infecting me is as important as your right to go about your business. In times of crisis, rights often conflict and sometimes my rights, or, for example, the right of the military to have shoes to prosecute a war takes precedence over your rights to go to a bar or to buy new shoes (that happened in WWII). THAT is why state constitutions often give guvs temporary totalitarian powers and why courts have not told them they cannot do that.
Conflicting rights are messy and dealing with the mess will always make someone unhappy. That is a given. But, it is flat wrong to say that your right to do whatever you want always trumps my right to remain safe and healthy.
My $0.02.