You wouldn't expect a civil liberties organization to have an opinion on containing a dangerous pandemic? In addition to working at the ACLU the people doing their work are also humans.
Should the ACLU defend the rights of someone to blow up nuclear bombs in their backyard?
That’s a clear curtailment of their civil liberties. And assuming they’re in a rural area may not harm anyone else either.
This is an obviously extreme example but the point still stands. Any civil liberties organization cannot focus absolutely narrowly on that question in every situation but has to apply a broader approach.
Surely you see the difference between someone having Strategic weapons in their garage, and the government forcing someone to take a medicine that they don't want to take, right?
All individual rights are balanced with the rights of other individuals/society. You can be given the choice to vaccinate or be forcefully quarantined. This has occurred many times in the US and the right of the state to do this has been upheld.
While corona was weak we will eventually seem some dangerous bullshit spread and the anti-vax dipshits are going figure out exactly what their rights entail as they are being drug from their house at gunpoint with the express will of the majority of the population.
Quarantine powers are subject to the “strict scrutiny” standard. Freedom of domestic travel is as fundamental as freedom of speech in Constitutional law. This has been thoroughly adjudicated many times and in many contexts by the US Supreme Court, including many attempts by the government to exploit regulatory and taxation loopholes to indirectly effect that outcome.
It is unambiguously unconstitutional to prevent everyone from traveling, even for quarantine purposes. It must be evaluated on an individual basis subject to judicial review to establish that the individual presents a clear and present danger, and only for a very limited duration. No different than restrictions on speech.
This is the reason no State anywhere, regardless of who was in power, instituted hard lockdowns during COVID. This is known to be settled law to such an extent that attempting to prevent the population from traveling without clearing the strict scrutiny standard would be met with an instant Federal court injunction, likely coupled with a withering public statement questioning the competence of the State’s Attorney General. There was no upside in taking that risk.
The idea that you can forcibly quarantine someone solely because you don’t like their choices is wishcasting, not based on credible Constitutional foundations.
There's a big difference between quarantining people who you know have a dangerous disease for a few weeks until they're better, and quarantining the entire country for years because you're not sure who has a dangerous disease.
Unlikely, freedom of domestic travel is subject to the strict scrutiny Constitutional standard (international travel is a more open question). Banning freedom of travel for the entire country would be equivalent to banning freedom of speech for the entire country, from a Constitutional perspective.
Interestingly, the myriad freedom of travel cases happened so long ago and were so decisively settled as a strong right that everyone has kind of forgotten about them because there is little interesting left to decide. Not as controversial as questions around the meaning of speech. But I think the last significant questions were addressed around the Second World War.
Yes, the government has quarantine powers, which have been broadly established. They did not necessarily have the right to go about it how they did in 2020, which was through OSHA rules and other "soft power" rather than through their power to quarantine people. Almost nobody was actually quarantined in relation to COVID.
A broad, sweeping quarantine in relation to COVID would have been so unpopular that you can see why they went about it in a "softer" way, but sometimes the government can't have its cake and eat it too.
Those vaccine mandates were broadly ruled illegal, even in light of the quarantine power. These sorts of civil liberties are complicated, and the ACLU found themselves on the wrong side of this one.
> Should the ACLU defend the rights of someone to blow up nuclear bombs in their backyard?
If someone actually went to court over this, I would hope/expect that the NRA would send some lawyers. The ACLU isn't that into the second amendment and has never been. However, nobody has gone to court over this. They did go to court over vaccine mandates.
By the way, the only grounds the government would have to stand on here are radiation-related. It is broadly legal to use explosives on your own property unless you're too close to someone else's property. It is also broadly legal to build your own weapons.
Advocacy organizations shouldn't aspire to extremes. The ACLU should offer reasonable and practical help and commentary on civil liberties. Otherwise, you get the modern NRA that fights every law about firearms.
