My highest hope is that the majority opinion here, if it goes the right way, will not be narrow and evasive, picking apart the mandate based on technicalities, but sweeping and fundamental. It should say in no uncertain terms that this mandate should never have been issued and that the court should never have to intervene in such matters in the future.
Whether groups like the US Freedom Flyers and Airline Employees for Health Freedom succeed likely will not come down to science, but, instead, a combination of legal technicalities and whether enough people will stand their ground and suffer the consequences while demonstrating their worth to their employers, and perhaps the rest of society, through their absence.
As we demarcate our own comfort zones, we could all use an extra dose of compassion for those who make different calibrations. Whichever strategy claims our allegiance—persisting with strict compliance or loosening the reins—it pays to remember that people on the other side want the pandemic to end as much as we do: they simply disagree on how it will happen.
What a stunning repudiation of state policy – the worst failing of public health and public policy perhaps in the history of the US if not the entire world. We are right now living in its last days. Remember these days, my friends. They are legion and mark what is likely the end of the great fiasco.
When we wrote the Declaration, we knew that we were putting our professional careers at risk, as well as our ability to provide for our families. That was a conscious decision on our part, and we fully sympathize with people who instead decided to focus on maintaining their important research laboratories and activities.
This really is stacking up to be a battle between the new and old normal, which is to say the expectation of normal freedoms vs. rule by a bio-security state. The results will fundamentally affect the relationship between business and government and workers and employers. If the majority gets its way here, it’s hard to see how traditional Constitutional restraints on states at any level can be maintained in the face of bureaucratic diktat as ordered by an executive.