None of the Covid-19 measures—lockdowns, social distancing, mandatory face masks, business closures—has been constitutional. From Andrew P. Napolitano at lewrockwell.com:
“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because the law is often but the tyrant’s will, and always so when it violates the right of an individual.” — Thomas Jefferson (1743-1826)
As if nanny state governors had been sleepwalking through the tyrannical shutdowns and their disastrous consequences last spring and summer, as if they were ignorant of the economic destruction of those they barred from going to work or operating their businesses, as if they thought it is lawful to assault natural rights and constitutional guarantees, these same governors are now beginning another wave of interferences with personal liberty.
Slowly, over the past 10 days, while the eyes of the public and the media have been on the counting of votes in the presidential election and the ensuing allegations and litigations, governors in New Jersey, Pennsylvania, Michigan, Connecticut and New York have threatened to impose or have begun to impose their unconstitutional, illegal, immoral and illogical efforts to shut down society in order — they claim — to rid the land of the COVID-19 virus.
By doing so, they have reignited the age-old debate of individual liberty versus public safety. In this case, the safety they claim to be enhancing is safety from disease. Yet, by their executive orders, they have purported to use state law to interfere with freedoms without due process that are guaranteed by the U.S. Constitution. By doing that, they have set themselves up for criminal prosecutions when normalcy returns.