Back then the Court decided, just like we have a right to self defense, we have a right to community defense.
Here's what Justice Harlan said back then: "the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint."
He was conservative. And more? A Republican who spent a large percentage of his life with my family owning slaves.
"There are manifold restraints to which every person is necessarily subject for the common good ... Upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members."
So basically: just like we have self defense, we must have community defense (e.g. public health, the government can make you wear a mask during #COVID__19).
THAT was from a Republican whose family owned slaves.
So weird how life turns so quickly. Would the current crop of "conservative" justices on the court vote in favor of public health now?
I put conservative in quotes because I think people often hide behind that word, especially conservative Christians.
You can be a conservative Christian and still support:
✔ abolition of the death penalty (pro-life)
✔ environmental justice (God created the earth; protect it)
✔ socialism, sex worker rights, reproductive justice (See: the Bible)
And, by the way, you can do that without moving to some imaginary middle. You can be as progressive, leftist, and bold as you want to be and STILL reach some folks who would consider themselves conservative.
I'll always love this line from one of @Tayari's pieces: "The middle is a point equidistant from two poles. That's it. There is nothing inherently virtuous about being neither here nor there." https://time.com/5434381/tayari-jones-moral-middle-myth/
If/when common ground means moving to some weird middle that no one actually wants, that's not necessarily success.
It would be as if you wanted pizza for dinner and your partner wanted Indian, and you both agreed to eat Thai (which neither of you like) because at least it has gluten in common with dishes you both DO like.
consensus > compromise
Which brings me back to the beginning of this thread. We should all be aiming for the greater good. For all of us. We should all be on Team #PublicHealth.
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