Mask mandates and the constitution

Are mask mandates constitutional? Is refusing to wear a mask a violation of the law or the expression of it? A recent pair of Third Circuit Court of Appeals court cases asked that very question.

On March 9, 2020, New Jersey Governor Phil Murphy declared a state of emergency in response to the quickly spreading coronavirus known as COVID-19. … As we now know, it primarily spreads through airborne particles that accumulate in enclosed spaces, respiratory droplets produced when a person coughs, sneezes, or talks, and occasionally through contact with objects contaminated with the virus.

Blanket mandates, such as those used by the State of New Jersey, violate due process because they do not safeguard the rights of the individual. There is no requirement for someone to be shown to have COVID-19 nor that they are contagious before their liberty is infringed. As shown earlier in this article, the assumptions that supported the mask mandates were not based on rigorous scientific studies but unsubstantiated statements from government agencies that do not legally exist.

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